9911796707
TMI Blog2015 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicant. 2. The company- M/s. Eupharma Laboratories Ltd. was wound up by order dated 28 February 2008 in company application no. 945 of 1998 and connected matters and the Official Liquidator was appointed. The Official Liquidator visited the premises situated at B-401 and 402, Rajashree Avenue, Near Dinesh Hall, Ashram Road, Ahmedabad on 29 May 2010 for taking possession of the premises. At that time, Shri Dinesh Vyas and Mr. Rajendra Birari informed the Official Liquidator that the premises are purchased by the applicant on 12 August 2008 by way of Sale Deed executed by one Ramanlal Vadilal Shah as a Chairman of the company in liquidation. The Official Liquidator has thereafter filed a report bearing No.68 of 2012 seeking direction fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to ascertain the market value of the premises as on the date of sale. The learned counsel submitted that this exercise was to be done to find out whether the applicant would be willing to pay the correct value of the premises as on the date so that the practical solution can be found. The learned counsel submitted that the applicant had paid stamp duty of Rs. 62,000/- and the Sale Deed was registered. No Objection Certificate was given by the company for transfer of shares and the Co-operative Society transferred the share certificate in the name of the applicant. The learned counsel submitted that the applicant has renovated the premises and they are in use for last 5 years. The learned counsel submitted that in the circumstances since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had directed that the valuation be done to find out if the applicant is willing to pay the correct market value of the premises after deducting the amount already paid loss to all the parties can be minimized. The valuation is carried out. 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 Rs. 15,35,000/- (Rs.27,86,000/- minus Rs. 12,51,000/-) within a period of four weeks from today. 9. The company application is accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
