IN THE HIGH COURT OF GUJARAT AT AHMEDABAD O.J.APPEAL No. 96 of 2009 In COMPANY APPLICATION No. 479 of 2008 In COMPANY PETITION No. 152 of 1995 For Approval and Signature:
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI HONOURABLE MR.JUSTICE N.V. ANJARIA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= METRO HOSPITAL & RESEARCH INSTITUTE - Appellant(s) Versus O L OF MAYO HOSPITALS LTD (MHL) (IN LIQN) & 5 - Opponent(s) ========================================================= Appearance :
MR RAMNANDAN SINGH for Appellant(s) : 1, OFFICIAL LIQUIDATOR for Opponent(s) : 1, MR.HIREN M MODI for Opponent(s) : 1, MR PRANAV G DESAI for Opponent(s) : 2, MR BH BHAGAT for Opponent(s) : 3, RULE SERVED for Opponent(s) : 4, 6, MR SS PANESAR for Opponent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE N.V. ANJARIA Date : 08/11/2012
ORAL JUDGMENT
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1. The present appeal is filed by Metro Hospital and Research Institute being aggrieved by the judgment and order dated 08.07.2005 passed by the ld. Company Judge in Company Application No.479 of 2008, whereby, the learned Company Judge after referring to Clause No.15 in paragraph No.6 of the order, passed an order to the effect that in view of the aforesaid express condition incorporated at the time of sale confirmation any recital in the sale deed would not create any additional right in favour of the applicant nor would create any liability on the part of the Official Liquidator to reimburse the amount. Ld. Advocate Mr.Ramnandan Singh vehemently argued the matter and submitted that learned Judge has committed an error in passing the order. Despite his sincere efforts he is not able to convince this Court. Hence, the appeal is dismissed.
[RAVI R.TRIPATHI, J] [N.V. ANJARIA, J] Ankit*