9911796707
TMI Blog2008 (10) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... ome cases sale deeds were prepared, but not executed and in all cases none of the sale deeds were registered. The grievance of the appellant is that, this court, by its order dated 18-12-2003, directed the official liquidator to execute the sale deed in respect of 7.875 acres of land in Kazhipattur village in favour of the auction purchaser including the 1.20 acres of land in question. 3. Learned counsel for the appellant submitted that the total money having received in most of the cases, the appellant filed application only with regard to land situated in survey No. 3 to an extent of 1.20 acres in Kazhipattur village, Kanchipuram district and not for the other lands. The following details with regard to the lands belonging to the appellant, auction sold by the official liquidator pursuant to the court's order have been shown as follows : Agreement for sale dated 24-1-1994 M/s. Good Luck Inn (P.) Ltd., represented by its managing director, Mr. R. Vijayakumar, entered into three agreements for sale with Mr. C. Natesan to sell the following properties situate at Kazhipattur and Muttukadu villages : (1)survey No. 95/1 A, 1C, 2A, IB-measur-ing an extent of 50 cents in Mutt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C.P. No. 130 of 1999. Fresh agreement dated 9-5-1996-extent land : 15.50 acres. A fresh agreement dated 9-5-1996 had been entered into by the appellant with C. Natesan for sale of the properties measuring an extent of 15.50 acres or thereabout in the aforesaid villages. 25 sale deeds Between 30-11-1996 and 26-6-1997, R. Vijayakumar had executed 25 sale deeds in the name of C. Natesan and his nominees and the lands conveyed under those sale deeds measure an extent of 6 acres and 67.5 cents or thereabout in the above villages. Total sale consideration-Rs. 1,91,25,000 The total sale consideration payable under the agreement for sale dated 9-5-1996 in respect of the properties to be conveyed-Rs. 1,91,25,000. Sale deeds executed and registered Sale deeds were executed and registered in favour of C. Natesan or his nominees between 30-11-1996 and 26-6-1997. 10 documents signed 10 documents have been signed. But, however, not registered before the Registrar of Assurance (measuring an extent of 3 acres). 3 sale deeds not signed and not presented for registration. 3 sale deeds not signed by the appellant and, consequently, they have not been presented for registration (measuring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd it appears that the court, by order dated 2-11-1999, in C.A. No. 130 of 1999 noticed that besides the plaintiff's land of 881 acres, another 2,500 to 3,000 acres of lands are available, but no title deeds were available. They are in the possession of the company. It was also brought to the notice of the court that number of properties, including the lands at Muttukadu on the Chennai-Mamallapuram Road measuring 7.5 acres ; 48.51 acres of land in Kumarakom in Kerala; 19.84 acres of land at Valparai near Coimbatore; about 220 plots, each to the extent of 2.5 grounds in Sriperumbudur ; 4.82 acres of land at Marakanam ; about 9.64 acres of land in Munnar (Kerala); Country Club at Sriperumbudur 1.7 acres of land with a built up area of 22,804 sq.ft.; built up commercial area at Anna Nagar, Chennai, measuring 1,000 sq.ft., etc., were readily available for sale. Some of the properties are said to stand in the name of Mr. C. Natesan, one of the director of the company. By the said order, Mr. M. Ravindran, senior counsel was appointed as the administrator, as the official liquidator has already been burdened with winding up of large number of companies. 10. The said order was challenged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shows that the appellant had knowledge at least since 2000 when he filed objection with regard to sale of land on 1-11-2000. The appellant's objection, though rejected, and upheld by Division Bench vide order dated 26-2-2002, in O. S. A. No. 401 of 2001, wherein the appellant R. Vijayakumar himself was the appellant, but he did not choose to move against the said order before the Superior Court. The order of the court dated 9-4-2003, to auction sell the property by publication of notice in eight national newspapers was never challenged by the appellant though he had knowledge of the case since 1-11-2000. Though the execution of sale deed was made pursuant to the court's order dated 12-11-2003, but the auction sale was not challenged. 15. A draft affidavit was prepared by the appellant on 16-3-2004, which is at page 95 of one of the typed-set to set aside the order dated 11-3-2003 and was served on the others, but for reasons best known to the appellant, it was not filed for two years. Only two years thereon, it was actually filed in 2006. 16. Learned counsel appearing on behalf of the appellant raised the question with regard to the nature of sale of property belonging to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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