SINGH Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The appellants have preferred this appeal under Chapter VIII Rule 5 of the High Court Rules,1952 against the order dated 31.10.2018 passed by the Company Judge in Company Petition No. 26 of 1996 in the matter of M/s. Sharda Refrigeration Company Private Limited.

(2.) The Company Judge by the said order inter-alia permitted the Official Liquidator (in short O.L.) to seek the assistance of the Collector, Allahabad to get the property vacated from the unauthorized occupants to be handed over to the auction purchaser thereafter. This direction was issued treating the appellants to be unauthorized occupants of the said property.

(3.) There is no dispute to the fact that the property in dispute is in the nature of go-downs and portions of plots situate in Village Dulapur, Pargana Jhushi, Tehsil Phoolpur, District -Allahabad and is the property of the company in liquidation. The petition for winding up of the aforesaid company M/s. Sharda Refrigeration Company Private Limited was filed some time in the year 1996 and the company Judge at that time while directing for issuing notice to the said company to show cause why the petition may not be advertised, restrained the company from selling/transferring the land and constructions of plot nos. 120, 130,131 and 133 as aforesaid.