NIGAM PRIYAKANT MANIAR Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) Nigam Priyakant Maniar, applicant has taken out this Judge's Summons with a prayer that this Court may direct the Official Liquidator not to seal the residential premises of the applicant i.e. Flat No.18, Haridwar Apartment, 23 Patel Society, Gulbai Tekra, Ellisbridge, Ahmedabad - 06 (hereinafter referred to as the suit property') as per the order dated 20.7.2001 passed in Company Petition No.147 of 2000 by either modifying the said order or lifting direction qua his residential flat.

(2.) The applicant has also filed Company Application 176 of 2003 in Company Petition No. 147 of 2000 in which the applicant has prayed that Shri Rajiv Vastupal Mehta may be impleaded as party opponent no.3 in Company Application No.220 of 2001 and further prayed that this Court may be pleased to summon Shri Rajiv Vastupal Mehta for his appearance before this Court on the day fixed and may examine said Shri Rajiv Vastupal Mehta in respect of the suit property and also in respect of the amount of Rs.14.00 lakhs (Rupees Fourteen Lakhs) being the consideration received by him for sale of above stated Flat No.18 to the applicant. The applicant has further prayed that this Court may be pleased to direct Shri Rajiv Vastupal Mehta to deliver property being amount of Rs.14.00 lakhs received by him towards consideration from the applicant for sale of Flat No.18 belonging to the company to the Official Liquidator and further prayed that this Court may be pleased to direct that on Official Liquidator receiving above stated amount of Rs.14.00 lakhs from Shri Rajiv Vastupal Mehta, the Official Liquidator shall confer legal title of Flat No.18 to the applicant.

(3.) In support of both the aforesaid Judge's Summons, the applicant has filed necessary affidavits.