NATIONAL INSTT OF TECHNOLOGY TRUST Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This appeal under Section 483 of the Companies Act, 1956 impugns the order dated 23 rd January, 2012 of the learned Company Judge dismissing Co.Appl. No.732/2008 and Co.Appl. No.341/2009 preferred by the appellant in Co. Pet. No.75/2002, for winding up of M/s Koshika Telecom Ltd.

(2.) The petition for winding up of M/s Koshika Telecom Ltd. was filed on 8 th February, 2002, Provisional Liquidator was appointed and the final winding up order passed on 2 nd August, 2005.

(3.) The appellant claims to have entered into an agreement dated 30 th September, 2002 with the Company in liquidation for purchase of land admeasuring 30,350 sq. ft. situated at Microware Tower, Hardoi Road, Lucknow, Uttar Pradesh, of the Company in liquidation. Co.Appl. No.732/2008 was filed by the appellant for direction to the Official Liquidator to release the said land and to execute Sale Deed in respect thereof in favour of the appellant; alternatively permission to file a suit for specific performance of the agreement to sell dated 30 th September, 2002 against the Company in liquidation was sought. Co. Appl. No.341/2009 was filed for stay during the pendency of the Co.Appl. No.732/2008 of sale of the said land of the Company in liquidation by the Official Liquidator. The appellant claims to have paid the entire sale consideration of Rs.47 lacs to the Company in liquidation, in or around November, 2002.