R VIJAYAKUMAR Vs. M RAVINDRAN SR ADVOCATE

JUDGEMENT

(1.) IN the company petition, the appellant, R.Vijayakumar filed company application, C.A. No.1037/06 to set aside the sale pursuant to order dated 11th Nov., 2003, passed by the Court in C.A. No.211/03 in respect of lands situated in survey No.3 to an extent of 1.20 acres in Kazhipattur village, Kanchipuram District. Learned Judge having rejected the application, the present appeal has been preferred.

(2.) ACCORDING to the appellant, agreement for sale of certain lands were reached between M/s.Good Luck Inn Pvt. Ltd. represented by its Managing Director, Mr. R. Vijayakumar with Mr.C.Natesan of the company in liquidation. In most of the cases full consideration amount was received except some in which certain amounts were payable. In some cases, sale deeds were executed in some cases sale deeds were prepared, but not executed and in all cases none of the sale deeds were registered. The grievance of the appellant is that, this Court, by its order dated 18th Dec., 2003, directed the Official Liquidator to execute the sale deed in respect of 7.875 acres of land in Kazhipattur village in favour of the auction purchase including the 1.20 acres of land in question.

(3.) MR. M.Ravindran, learned senior counsel and Administrator for the company under liquidation and the Official Liquidator refuted the allegations that the appellant had no knowledge with regard to the auction. It was submitted that the appellant had not come with clean hands he had prior knowledge of the Court's order directing the Official Liquidator to auction sell the property and that total auction sale of 7.875 acres cannot be declared to be illegal, relief having sought for only with regard to 1.20 acres of land. He also highlighted the manner in which the appellant executed some of the sale deeds and duped the company by not executing all sale deeds or presenting the same for registration.