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TMI Blog2018 (4) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive, whether the sale was conducted for any reasonable price, whether the purchase was bonafide or not etc: are matters which are relevant to be considered. Appellant had pleaded for a decision on the above said aspects by this court itself, in exercise of the appellate jurisdiction, we are of the opinion that such a course may end in denying the right of appeal to any one of the parties. Hence we are of the opinion that the matter can be relegated for a fresh decision by the company court itself. The order of the company court impugned in this appeal, passed on Report No.1 is hereby set aside. The report of the Official Liquidator is remitted for fresh consideration and disposal by the company court. - Company Appeal No. 2 of 2008 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 536 of the Act, had allowed the report of the Official Liquidator and set aside the sale. The appellant is in appeal being aggrieved by the order of the company court setting aside the sale. 3. Heard; counsel for the appellant, standing counsel appearing for the respondent company represented by the Official Liquidator and the learned Government Pleader appearing for the 2nd respondent. 4. Contentions of the appellant is that, the company court had failed to consider any of the aspects which are relevant to decide whether the sale conducted will become void under provisions of Section 536 of the Act. It is the contention of the appellant that, Section 536 (2) of the Act by itself will not make the sale void ab initio. On the other h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be unjust and inequitable to dispossess the purchaser in a case where the property was sold under the supervision of the court. 6. It is pointed out by the appellant that, the company court had omitted to notice the principle enunciated in Section 536 (2) and to take a decision as to whether the sale need to be declared as void or not. On the factual aspects it was pointed out that, the sale in question was conducted for realization of tax dues and electricity dues of the company and that the version of the Tahsildar would indicate that he was not having any knowledge with respect to pendency of the winding up proceedings. It is further pointed out that, the sale was conducted for a price which is quite reasonable and is for a valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy made with respect to the winding up proceedings and hence constructive knowledge need to be presumed. 8. While analysing the rival contentions, we take note of the fact that, the learned Judge in the company court has not gone deep into the above said aspects. Question as to whether the sale itself was void ab initio by virtue of provisions contained in Section 537 (1) (b) or under Section 536 (2); or as to whether there existed any reasons to hold the sale otherwise than void, has not been seen examined. The factual aspects like, whether there was notice about the winding up proceedings, either direct or constructive, whether the sale was conducted for any reasonable price, whether the purchase was bonafide or not etc: are matters wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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