9911796707
|
Home
Issues:
Challenge to the sale of assets of a company in liquidation, misrepresentation in the advertisement for sale, recall of the order for sale of assets, refund of the deposited amount, validity of bid submitted by the applicant, legal implications of misrepresentation in the sale advertisement. Detailed Analysis: 1. Challenge to Sale of Assets: The application filed by the auction purchaser seeks to set aside the sale of assets of a company in liquidation and refund the deposited amount. The applicant alleges misrepresentation and mistakes in the advertisement for sale of assets, leading to a misunderstanding regarding the nature of the assets owned by the company in liquidation. 2. Misrepresentation in Advertisement: The applicant claims that the advertisement contained incorrect information about the nature of the assets, specifically regarding the freehold and leasehold land. The discrepancies highlighted include the actual area of freehold land, the validity of power of attorneys, the delay in execution of sale deeds, and the restrictions on sub-leasing the leasehold land. 3. Validity of Bid: The applicant contends that their bid was based on misrepresentation and mistakes in the advertisement, rendering the bid void ab initio under section 20 of the Indian Contract Act, 1872. However, the Court finds no mistake of fact in the advertisement, thus upholding the validity of the bid submitted by the applicant. 4. Refund of Deposited Amount: The applicant sought a refund of the deposited amount, arguing that the bid was void. The Court rejects this claim, stating that since there was no mistake of fact in the bid, the Official Liquidator is not obligated to refund the amount paid by the applicant. 5. Legal Implications of Misrepresentation: The Court emphasizes that the Official Liquidator does not provide any guarantee or warranty regarding the assets sold in a company's liquidation. The onus is on the purchaser to verify the title and encumbrances of the property before bidding. In this case, the Court finds that the applicant had sufficient time to assess the properties before participating in the bidding process. 6. Decision and Directions: The Court dismisses the application, finding it devoid of merit. However, it grants the applicant an opportunity to deposit the balance amount payable for the assets. The Court directs the Official Liquidator to expedite the registration of the sale deed and includes a clause for indemnification by financial institutions in case of any loss due to imperfect title. Failure to comply with the payment terms will result in forfeiture of the deposited amount. 7. Additional Application: A separate application is dismissed as not pressed, concluding the legal proceedings related to the sale of assets of the company in liquidation. This detailed analysis covers the key issues raised in the legal judgment, providing a comprehensive overview of the arguments presented by the parties involved and the Court's decision on each issue.
|
