SYNERGY CONSTRUCTION Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) Heard Mr. Tondon, the learned counsel for the Applicant and Mr. Kamat, the learned Counsel for the Official Liquidator.

(2.) It is the case of the Applicant that the Applicant is entitled to Flat Nos. 101, 102 & 104 situated at "A" Wing in the building namely Mantri Serene S10 (S+108 Tower) standing on the plot bearing C.S. No. 827 - D.S. No. (pt) Village Malad (E) Film city, Dindoshi Goregaon (East) Mumbai - 411 165. The Applicant claims to have paid the entire consideration for purchasing the said Flats as mentioned in the Agreements, albeit after the appointment of the Provisional Liquidator.

(3.) Mr. Kamat, the learned Counsel appearing for the Official Liquidator has opposed this Application on several grounds. However, he has expressed the need to verify the statement made on behalf of the Applicant that the entire consideration for the purchase of the said Flats has been made by the Applicant into the account of the Company. He also expresses an apprehension that it is possible that the transaction might be a circuitous transaction given the fact that the proprietor of the Applicant was the ex-director the Company. He, therefore, submits that it is necessary to analyze the bank statements of the Company (in Provisional Liquidation) to verify the genuineness of the statement that the entire purchase consideration has been paid into the account t of the Company.