OFFICIAL LIQUIDATOR Vs. UJJAIN NAGAR PALIKA NIGAM

JUDGEMENT

(1.) By way of these appeals, the appellant, being Official Liquidator ('OL', for short) of the company named IISCO Ujjain Pipe and Foundry Company Limited (Hereinafter also referred to as 'the company in liquidation'), has questioned the common judgment and order dtd. 5/2/2009 in APOT No. 248 of 2008 and APOT No. 235 of 2008, whereby the Division Bench of the High Court at Calcutta has dismissed the appeals against the common judgment and order dtd. 25/4/2007 in C.A. No. 159 of 2006 and C.A. No. 160 of 2006, as passed by the learned Company Judge of the High Court (Hereinafter also referred to as 'the Company Court') in allowing the company applications preferred by respondent No.1 Ujjain Nagar Palika Nigam (Hereinafter also referred to as 'the Nigam'), claiming property tax and water tax from the appellant in relation to the company in liquidation, from the date of order of winding up and until the date of confirmation of sale of assets to the auction purchaser, who is now represented by respondent No. 3.

(2.) Briefly put, the relevant facts are that the said company, IISCO Ujjain Pipe and Foundry Company Limited, became sick and was referred to the Board for Industrial and Financial Reconstruction (For Short, 'BIFR') under the provisions of Sick Industrial Companies (Special Provisions) Act, 1956. The BIFR recommended its winding up and, accordingly, it was ordered to be wound up by the Company Court in its order dtd. 10/7/1997. The appellant herein was appointed as the Official Liquidator and was directed to take over possession of the assets of the company in liquidation.

(3.) Following an order passed by the Company Court on 4/4/2003, the assets of the company in liquidation were put up for sale on "as is where is whatever there is" basis by means of sale notice dtd. 9/5/2003. The said notice provided for inspection of the assets of the company by intending purchasers and mentioned the availability of terms and conditions of sale alongwith particulars about the assets of the company at the office of the appellant. This sale notice reads as under: -