PANKAJ PALIWAL Vs. VIAN INFRASTRUCTURE LTD & ORS

JUDGEMENT

(1.) This application is filed by Mr.Shashi Kumar under Rule 9 of the Company Court Rules, 1959 and section 446 of Companies Act read with section 151 CPC seeking a direction that the Official Liquidator may not take action for auctioning/selling the property/plot No.D1-67, Sector-2, Area 120 Sq.Yards situated in village Sheelki Dungri Tehsil Chaksu, District Jaipur, Rajasthan.

(2.) The case of the applicant is that the property in question was purchased by the applicant on 10.12.2009 by a registered sale deed. In August 2018 the applicant came to know regarding pendency of the present case and regarding auction proceedings. It is pleaded that the Official Liquidator has not brought the correct and complete facts before this Court and is seeking to get the entire land of the respondent company including the land of the applicant auctioned through public auction. The property in question was published for sale by a composite sale notice issued on 31.1.2018. It is pleaded that the applicant is the owner of a plot measuring 120 sq.yards by means of a registered sale deed and the land of the applicant cannot be auctioned alongwith the land of the respondent company.

(3.) The Official Liquidator has filed a reply. In the reply the OL has pointed out that the present company was ordered to be wound up by this court on 25.4.2012. In 2008 an investigation was undertaken by Economic Offences Wing (Crime Branch) Mandir Marg, New Delhi against the respondent company and its Directors who were accused of cheating the investors who had invested their money in various projects in the company including the project located at Sheelki Dungri Tehsil Chaksu, District Jaipur, Rajasthan. A chargesheet was filed by EOW where it came to light that the land forming part of the Jaipur project located at Tehsil Chaksu, District Jaipur, Rajasthan had been purchased by the respondent company. The land which is subject matter of the present application forms part of this land. The ACMM pursuant to filing of the chargesheet attached the said property. After appointment of the OL, the OL also has taken over possession of the land which is owned by the company at Tehsil Chaksu, District Jaipur, Rajasthan. ITCOT Consultancy Services were appointed as a Valuer by this court by order dated 4.9.2013. They have evaluated the land. The valuation report states that the said property is registered with the office of Sub Registrar/Revenue Authority in the name of the respondent company. The land is not demarcated. As per the revenue records the property stands registered in the name of the respondent company.