KRITHIKA NATARAJAN, DAUGHTER OF LATE MR. NATARAJAN Vs. OFFICIAL LIQUIDATOR, AS PROVISIONAL LIQUIDATOR OF M/S. MAXWORTH ORCHARDS (INDIA) LTD.

JUDGEMENT

(1.) Maxworth Orchards (India) Limited (the Company) was engaged in the business of acquiring lands and setting up fruit orchards/plantations thereon. Upon the Company running into financial difficulties, one of its creditors filed C.P.No.57 of 1998 for winding up the Company. The said petition was presented on or about 24/2/1998. By order dtd. 6/2/2006 in Comp.A.No.353 of 2006, the then Administrator (Shri.K.Alagiriswami), was conferred with all the powers of the Official Liquidator. By subsequent order dtd. 17/9/2010 in Comp.A.Nos.884 to 886 of 2008, the Official Liquidator was appointed as the Provisional Liquidator of the Company.

(2.) In course of business, one of the projects developed by the Company was the Maxworth-PannamparaiII Project. According to the Company, it acquired about 102.98 acres of land in Pannamparai Village. Such acquisition was made through three employees, namely, Mr.P.Suresh Kumar, Mr.A.Pulivaganan and Mr.A.Arul, who were then employed as legal executives of the Company. Out of the said extent, it is stated that about 84 acres were allotted to customers. The acquisition was either through the execution of sale deeds or general powers of attorney in favour of these employees.

(3.) Upon receiving information that fraudulent transactions were undertaken both by the original land owners and by the ex-employees/agents of the Company, the Company filed Comp. A. Nos.1897 to 1900 of 2009 to: set aside the sale deeds mentioned in the Judge's Summons of Comp.A.No.1897 of 2009, declare that the said sale deeds do not convey any right, title or interest in the property described in the schedule in favour of respondents 1 to 13 and restrain the said respondents from interfering with the lawful possession of the Company over the schedule mentioned property; restrain respondents 1 to 13 from alienating the schedule mentioned property by way of sale, mortgage, lease or otherwise, restrain the 14th respondent from registering any further sale, mortgage or lease and restrain the 15th respondent from issuing pattas in respect of the survey numbers covered in the schedule; direct respondents 16 and 17 to give police protection to the care taker and to the property, receive complaints lodged by the caretaker, file FIRs and take suitable action.