ANJNA CONSTRUCTION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Civil Revision has been filed by the petitioner/defendant No.1 under Sec. 115 of the Code of Civil Procedure, against the order dtd. 10/8/2021, passed by the IVth Additional District Judge, Mandsaur in Civil Suit No.170-A/2018, whereby the petitioners' application filed under Order 7 Rule 11 of CPC has been rejected.

(2.) The case of the plaintiff/respondent No.1 the State of M.P. is that the respondent No.3/ M/s Jiwajirao Sugar Company Ltd. is a company under liquidation, pursuant to the winding up order dtd. 31/1/2003, passed by this Court in Company Petition No.25/2001. Subsequently, the assets of the respondent No.3/Company were put to auction by the respondent No.5/Recovery Officer, Debt Recovery Tribunal (DRT), Jabalpur in pursuance of the order dtd. 4/9/2006, passed by this Court wherein, the petitioner was declared as a successful purchaser of the suit land of the company under liquidator. The entire amount has also been deposited by the petitioner with the recovery officer of the DRT, Jabalpur, however, the State Government has raised objections regarding sale of land by filing I.A.No.862/2007 before this Court in Company Petition No. 25/2001, which was also disposed of by this Court vide its order dtd. 16/3/2009, directing the State Government to raise the objections before the DRT. And, thereafter, the objections filed by the State Government before the DRT were also rejected vide its order dtd. 10/2/2010, and subsequently the Recovery Officer also issued Sale Certificate on 17/2/2010, in favour of the petitioner on payment of Stamp Duty, as per rules.

(3.) The DRT, Jabalpur has also passed orders on 26/4/2013 and 04. 6.2013, directing the Official Liquidator to hand over the possession of auctioned property to the petitioner. An application I.A.No.4126/2013 has also filed by the petitioner in Company Petition No.25/2001 for obtaining the possession of the land, which was also allowed by this Court vide order dtd. 4/12/2013. It was further the case of the plaintiff that prior to these proceedings, the assets of the Company (under liquidation) were also put to auction vide judgement dtd. 4/9/2006, and the Central Bank of India initiated execution proceedings against Jiwajirao Sugar Company Ltd. pursuant to the decrees passed in favour of the Central Bank of India in the following recovery suits:- <IMG>JUDGEMENT_153_LAWS(MPH)4_2023_1.jpg</IMG>