HATHWA METALS AND TUBES LTD Vs. STATE

JUDGEMENT

(1.) THE interlocutory application has been filed for a direction to the Bokaro/Santhal Pargana Industrial Area Development Authority to transfer the leasehold land in the name of M/s Anmol Feeds Pvt. Ltd. to enable it to get it registered with the Industry Department and also for auction sale to be completed and further to set aside/quash the office order nos. 530 and 1086/D dated 17.5.2007 and 18.11.2003 respectively and further to direct the Official Liquidator to consider the claim of the Bokaro/Santhal Pargana Industrial Area Development Authority.

(2.) M /s Anmol Feeds Pvt. Ltd. (the applicant -company) is the auction purchaser of the assets (free of all encumbrances) of M/s Hathwa Metal & Tubes Ltd. (in liquidation) located at Jasidih Industrial Area, District -Deoghar within the present State of Jharkhand. The auction sale was confirmed in favour of the applicant -company by order dated 31.5.2007 of this Court. Thereafter the deed of assignment was executed at Deoghar, Jharkhand by the Official Liquidator in favour of the applicant -company and registered in the District Sub -Registry there.

(3.) LEARNED counsel for the applicant submits that the aforesaid demands of the SPIADA are contrary to law. It is submitted that whatever dues were owed by the Company in liquidation to the SPIADA can only be recovered by it by making a claim from the Official Liquidator as one of the creditors of the company in liquidation and the same cannot be demanded from the applicant -company.