LAWS(CAL)-2019-6-50

SHREE SYNTHETICS LTD Vs. OFFICIAL LIQUIDATOR, HIGH COURT

Decided On June 14, 2019
Shree Synthetics Ltd Appellant
V/S
OFFICIAL LIQUIDATOR, HIGH COURT Respondents

JUDGEMENT

(1.) Leasehold land of the company (in liquidation), its value on surrender of the lease is the question involved. Ms. Doshi, learned advocate appears on behalf of State of Madhya Pradesh and submits, question was left open to be decided by Court vide order dated 28th November, 2018 passed in APO 364 of 2018/ACO 38 of 2018 in inter alia CA 55 of 2018 (Government of Madhya Pradesh, through Collector Dist. Ujjain vs. The Administrator of the Specified Undertaking of the U.T.I.). Mr. Sen, learned advocate appears on behalf of secured creditor and submits, his client on obtaining valuation report found, market value of the land given at almost Rs.21 crores but was reduced by expenditure deduction to result at a little over Rs.12 crores. This valuation is incorrect. Mr. Prasad, learned advocate appears on behalf of workers and submits, Government of Madhya Pradesh must pay surrender value of the land at its correctly valued market price. His clients, the workers, are starving.

(2.) It would be relevant to reproduce from order dated 28th November, 2018. The following from it as an extract:

(3.) Since Mr. Sen has disputed correctness of the valuation report, his client is at liberty to obtain valuation, as second opinion, for Court to consider. Surrender value, whether should be at a valuation of market or any other rate is the issue to be decided by this Court. Submissions will be heard on adjourned date.