M.K.VIJAYAKUMARAN PILLAI Vs. VARUN RAJ PILLAI

JUDGEMENT

(1.) The appellant is the 9th respondent in Company Application No.245 of 2015 in Report No.7 in C.P.Nos.9, 14 and 15 of 2011 before the learned Company Judge of this Court, an application filed by the 1st respondent herein, seeking an order to release land having an extent of 22.38 cents, comprised in Re. Survey No.106, Block No.175 of Kollam East Village, and the building situated therein, in his favour. The learned Company Judge, after hearing both sides, disposed of Company Application No.245 of 2015 by order dated 18.11.2015, with the following directions;

(2.) We heard the arguments of the learned counsel for the appellant, the learned counsel for the first respondent, the learned counsel for the Official Liquidator representing the 2nd respondent company in liquidation and also the learned Standing Counsel for the 4th respondent Bank.

(3.) By an order dated 8.11.2011 in C.P.Nos.9, 14 and 15 of 2011 this Court ordered M/s.Business Benefit Company Ltd., (hereinafter referred to as 'the company in liquidation') a company registered under the Companies Act, 1956 (hereinafter referred to as 'the Act') to be wound -up and the Official Liquidator attached to this Court has been appointed as the Liquidator of the said company, with the direction to take charge of its assets and effects. Pursuant to the said order, the Official Liquidator took possession of various assets, including the land having an extent of 22.38 cents comprised in Re.Survey No.106, Block No.175 of Kollam East Village, with a multi -storied building namely, 'Transworld Tower' bearing building Nos.KC XVII/3557, KC XVII/3558 and KC XVII/3559, in which the registered office and the branch office of the company in liquidation and also the corporate office of another company, namely, M/s.Transworld Hire Purchase India Ltd. were stated to have been functioning. The said property was taken possession on 2.4.2012.