9911796707
TMI Blog2015 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... The applicant has shown her willingness to deposit the difference of the amount. In view thereof, I am of the opinion that a case is made out in the peculiar facts and circumstances of this case for validating the sale in favour of the applicant by accepting the undertaking of the applicant that the balance amount will be paid. - Thus, the applicant will deposit an amount of ₹ 15,35,000/- (Rs.27,86,000/- minus ₹ 12,51,000/-) within a period of four weeks from today. - COMPANY PETITION NOS.945 OF 1998/946 OF 1998 / 1155 OF 2000 / 573 OF 2001 - - - Dated:- 24-9-2013 - N.M. JAMDAR, J. Mr. V.J. Shah a/w Mr. C.N. Mehta i/by M/s. MMK Law Associates for the applicant. Mr. Naushad Engineer for the Respondent. . By t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of sale. 4. I have heard Mr. Shah, learned counsel for the applicant and Mr. Engineer for the Official Liquidator. 5. The learned counsel submits that the applicant is a bona fide purchaser and he was not aware of the fact that the premises were the property of the company under liquidation. The learned counsel submitted that the applicant has paid an amount of ₹ 12,51,000/- by way of a cheque No.429699 to the respondent-company and the respondentcompany had issued a receipt thereof. The learned counsel for the petitioner has also placed on record a certificate issued by Bank of Baroda dated 6 July 2013 certifying that the applicant had paid an amount of ₹ 12,51,000/- in favour of the respondent-company. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue of the premises as on date of sale to find out practical solution. The learned counsel for the Official Liquidator submitted that the valuer has submitted a report in which the value of the premises as on date of sale is shown as ₹ 27,86,000/-. The learned counsel for the Official Liquidator submitted that if the applicant is willing to deposit the difference of the amount, then the Court may consider validating the sale in the peculiar facts and circumstances of the case. 7. I have gone through the documents which have been annexed to the application. It appears that the applicant had purchased the premises from the company under liquidation by paying an amount of ₹ 12,51,000/-. The report of the valuer shows that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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