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TMI Blog2006 (5) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... laim the said land under section 535 of the Companies Act and the amount so fixed by this court may be directed to be deposited by the applicant and further that the Official Liquidator be directed to transfer/assign the revisionary rights and other interests in the said land in favour of the applicant on the capitalised value so fixed by this court. The piece of land which is in possession of the applicant Podar Mills Ltd., belongs to the Jaipur Spinning and Weaving Mills Ltd. (the company in liquidation) which was ordered to be wound up by this court vide order dated 2-12-1983. After the winding up order all the properties of the company in liquidation shall be deemed to be in the custody of the court as from the date of order of windin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve obtained from the Bombay High Court. This court vide order dated 5-7-1991, allowed the Official Liquidator to implead the court receiver as party in the aforesaid application after obtaining leave from the Bombay High Court. The Official Liquidator through advocate filed application in the Bombay High Court and the same remained undecided and in the meantime the recovery suit came to be transferred to the Debts Recovery Tribunal-I, Mumbai. The Debts Recovery Tribunal vide order dated 22-11-2001, discharged the court receiver with a direction to hand over the possession to the applicant. The applicant in these circumstances filed this application for fixing the capitalised value of the land in question by this court so that the same c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by J.K. Murty Co., Mumbai (the valuer appointed by SBI) plus interest on the amount from the date of valuation till date at such rate as may be deemed fair and reasonable by this Hon ble court. 5. After submission of the written submission and the offer tendered by the application Podar Mills, this court again listed the matter on 19-5-2006, and the matter was fixed for further submissions of the parties on 26-5-2006, on the offer submitted by the applicant Podar Mills. 6. Having heard the submission advanced before me, I am of the view that the applicant being the lessee, has no preferential right to purchase the property. In all fairness the property is required to be sold in an open auction and the applicant may take part in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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