DIVYA VASUNDHARA FINANCIERS LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two Company Applications have been moved by the Court Committee for Divya Vasundhara Financiers Private limited for getting suitable directions from this Court for removal of alleged encroachment made on the Companys properties by the concerned opponents.

(2.) In company Application No. 25 of 1988 24 such opponents listed at list A while in Company Application No. 43 of 1988 11 opponents are listed at list A. Thus these directions are sought against in all 34 opponents in both these applications. During the tendency of hearing of these applications some or the opponents in Company Application No. 25 of 1988 have been made regular allottees of the concerned portions of land occupied by them and therefore Company Application No. 25 of 1988 will not survive for these opponents. They are at Sl. Nos. 1 2 3 4 5 21 22 23 and 24 at list A to Company Application No. 25 of 1988. Consequently Company Application No. 25 of 1988 now survives against opponents Nos. 6 to 20 as listed at Annexure A to that Company Application. So far as Company Application No. 43 of 1988 is concerned as none of the opponents is regularized it survives against all 10 of them as mentioned in Annexure A to that application.

(3.) Now it will be profitable to have a look at a few relevant facts leading to the present applications. By an order of this Court (Coram: B. K. Mehta J.) dated 27-12-1978/22/16-1-1979 in Company Petition No. 18 of 1978 with other cognate matters applicant-Court Committee was constituted for administering the assets of the Company pursuant to a scheme of compromise and arrangement between the said Company on the one hand and its creditors and members on the other. The said scheme was made under Sec. 391 of the Companies Act 1956 The original Chairman of the Court Committee was Shri N. M Miabhoy a retired Chief justice of this Court and at present the Committee is presided over by another retired Judge of this Court Shri N. H. Bhatt. As per the said scheme all the movable and immovable properties of the Company vested in the Court Committee and they were taken in custody of this Court through the Court Committee as custodia ngis. The Court Committee had taken steps to take possession of various properties. It was found that certain persons had encroached upon some of the properties which had vested in the Court Committee. In view of the Said facts the Court Committee earlier preferred Company Application No. 161 of 1985 with a prayer that the Court may be pleased to appoint an officer of the Court to take inventory of the immovable properties of Divya Vasundhara Financiers Private Limited and to ascertain whether any encroachment on the immovable properties had been effected by any person or parties. It was also prayed that the Court on the report of the officer was satisfied that there was any encroachment at the immovable properties of DVF the Court may direct the officer to remove such encroachment and be authorized to take assistance of police authorities for removing such encroachment. This Court (Coram: B. K. Mehta J.) by an order dated 19-9-1985 in Company Application No. 161 of 1985 was pleased to appoint Mr. D.H.Desai as special officer to make inventory to this Court. The said officer submitted his report on 5-11-1985. As per the said report it was found that so far as immovable properties in question in the present case viz. lands situated at village Kansad (Sachin) bearing Nos. 183 (paiki) and 184 known as Rang Avadhut Colony were concerned some encrochers were found squatting on the land and had put up huts therein. ... ... ... .. ...