UDAI BHAN INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) THIS application is filed by the applicants in SB Company Petition No. 2 of 1957 under Rule 9 of the Company (Court) Rules, 1959, read with Section 151 of the Code of Civil Procedure, 1908. In this application, the prayer is made for quashing of the letter dated 30 -7 -1984 (Annexure -6) including the land of Khasra No. 128. It is further prayed that if the land of Khasra No. 128 has wrongly been included in the land of the company (in liquidation), the same may kindly be excluded from the lands sold to the auction purchaser the respondent No. 2. It is lastly prayed that any other appropriate orders/directions which this Court deems just and proper, in the facts and circumstances of the case, may be passed in favour of the applicants.

(2.) THE reply to this application is filed by the official liquidator, to which the applicants have filed the rejoinder. The reply to this application has also been filed by the respondent No. 2 - auction purchaser, to which also the rejoinder has been filed by the applicants. Both the respondents have contested the application on merits as well as preliminary objections regarding its maintainability of the application has also been raised.

(3.) IT is stated that this application is not maintainable as, in case, the applicants are having any grievance in regard to sale effected by the official liquidator in the year 1984, they should have invoked the provisions of Section 446(2)(d) of the Companies Act, 1956 ('the Act'). The second preliminary objection raised is that this application deserves to be dismissed on the ground of delay and latches. It is next contended that the applicants are claiming part of the land sold by the official liquidator in the year 1984 measuring 2.15 bighas out of 3.13 bighas. The applicants have not produced any documentary evidence that this land belong to them, The land has been sold in public auction by the official liquidator in the year 1984 and at that time the applicants have not raised any objection. An advertisement was published in the newspaper Rajasthan Patrika on 2 -2 -1984.