RUKMINI DEVI TODI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This appeal is at the instance of two respondents in a winding up proceeding and is directed against an order of a Company Judge by which the learned Company Judge allowed a prayer made by the person who claims to have purchased a property in a Court sale.

(2.) The matter out of which this appeal has arisen is a Court sale held by the Court while disposing of company petition. The land belonging to Thakurdas Sureka Iron Foundry Limited (in Liquidation) (hereinafter referred to as the said 'Company') was sold on 10.7.92 and M/s. Lica Private Limited who is respondent No.2 before this Court of appeal, and they paid the entire consideration money as fixed by the Court on 17.9.92. The sale was confirmed in favour of the said purchaser and the Official Liquidator was directed to hand over the possession of the land to the purchaser that is the present respondent No.2.

(3.) On 6.8.92, the purchaser made an application for a direction on the Official Liquidator to give the purchaser the actual physical possession of the land purchased and to make the land accessible. The land appertains to 1, Mohanlal Sureka Road, Howrah. There is no dispute that there is no direct access to the land in question. Immediately on the northern side of the land is premises No. 1/1, Mohanlal Sureka Road, which is in the possession of Mahabir Prasad Todi's successor-in-interest, to the West and South-west side of the land are premises in occupation of Bazrangbali Market Association. To the South and South-east of the land is premises No.10, Guha Road (formerly known as Takhurdas Sureka Road) in the occupation of Takhurdas Sureka Engineering Private Limited. On the northern side of the Todis' premises is Hopkins Road now known as Mohanlal Sureka Road. On the south immediately adjacent to the premises of Takhurdas Engineering Corporation Pvt. Ltd., and Bazrangbali Market Association is Guha Road. The purchaser that is the respondent No. 2 claims access to the land purchased over premises No. 1/1, Mohanlal Sureka Road.