1. In pursuance of the order passed on 1st February 2012, two lessors have tendered affidavits raising objections against the Official Liquidator's request for sale of the lands in question. The main ground of objection on part of the lessors appears to be that the issue regarding lessors' right to re-claim the possession of the land in question and other connected issues are pending for decision before the Apex Court and that therefore the lands in respect of which lessors claim, rights may not be taken into consideration at this stage, at least for the purpose of sale/auction process.
2. The said affidavits have been taken on record. Limited consensus between the advocates representing the lessors, the workmen/union and the Official Liquidator has been arrived at, inasmuch as the learned advocate representing the workers and the learned advocate representing Official Liquidator have also agreed to the suggestion that, for the present, the leasehold lands may not be taken into consideration for any purpose including the purpose of auction process and only freehold land i.e. lands in respect of which neither lessors are claiming any right nor ULC authority is claiming any right may be taken into consideration.
3. So far as the lands in respect of which ULC authority claims right including the possession will be considered after the main issue about the ULC authority's action taken under the ULC Act is decided. So far as the lands in respect of which lessors are claiming their rights, further issues in respect of the said lands will be taken into consideration after the issue is determined by the Apex Court.
4. Since, today, learned advocate for the ULC authority is not present, with the aforesaid clarification present proceedings are adjourned to 13th February 2012 though Mr. Vasavada, learned advocate who representing the workers/union suggested that further process of opening of the sealed covers containing the valuer's report may be completed today. Since, the learned advocate appearing for the ULC authority is not present, the proceedings are adjourned till 13th February 2012.
5. The further proceedings will be taken up on 13th February 2012 irrespective of any leave-note filed by learned advocates. S.O. to 13.02.2012.
(K.M.THAKER, J.) jani Top