RDO Vs. BRUNTON AND CO ENGINEERS LTD

JUDGEMENT

(1.) 1. This MFA is filed challenging the order of a learned Single Judge in Company Application No. 306 of 1986 in Company Petition No. 11 of 1983.

(2.) THE Revenue Divisional Officer, Fort Cochin, who is the appellant herein filed the above application under R. 7 of the Companies Court Rules, praying to cancel the sale effected pursuant to a notice of sale dated 15-10-1985 published by the Official Liquidator, High Court of Kerala in respect of 1. 35 acres of land specified in the Agreement executed between the Government and M/s. Brunton and Company (Engineers) Ltd. now in liquidation and to direct the Official Liquidator to confine the sale only to the structures standing on the land and to surrender vacant site to the Government after declaring that the lease is terminated.

(3.) EXT. A3 dated 1-2-1867, the original lease was in favour of James Oughterson, but it is not disputed that the leasehold right executed under EXT. A3 devolved on Brunton & Company (Engineers) Ltd. , and that the lease was renewed as per EXT. A2 agreement dated 31-3-1962 with retrospective effect from the date of the expiry of the term of original lease and under EXT. A2, the terms of the lease were extended upto 2003 A. D. There is also no dispute that the third additional respondent was the highest bidder.