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2020 (5) TMI 582

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..... Nos.198/2020 & 199/2020 IN C.A.No.1007/2019 - - - Dated:- 24-4-2020 - HON'BLE MS. JUSTICE ASHA MENON Mr. Rishabh Jain, Advocate, Mr.Dheeraj Gupta, representative for the petitioner. Mr. Kunal Sharma, Advocate for the Official Liquidator ORDER C.A. No.199/2020 (Exemption) 1. The application is allowed subject to the applicant filing duly affirmed affidavit(s) alongwith the court fees/deficit court fees, if any, within 72 hours from the date of resumption of the regular functioning of this court. 2. The application is disposed of. C.A. No.198/2020 (Directions) 1. The instant application has been moved under Rule 6 9 of the Company (Court) Rules 1959, on behalf of Shri Pawan Jain, who claims to be .....

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..... . Baghpat, Uttar Pradesh. In the circumstances, there is no need for further directions to the Official Liquidator to ensure protection of the subject lands. 3. As regards the further prayer for directions to the Official Liquidator to ensure that there is no change in the physical status of the subject lands, the Ld. Counsel Sh. Rishabh Jain for the applicant, submitted that the experience has been that the erstwhile CEOs or other executives in the management of the company that is in liquidation have got buildings constructed and changed ownership thus causing great prejudice to the original owners . It is the submission of ld. Counsel that the applicant is worried that a similar fate may be visited on the applicant as the applicant ha .....

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..... e applicant has however submitted that those applications are not relevant to the disposal of the present application and that while he was not pressing the prayer for repossession of the subject lands the Official Liquidator be directed to file an affidavit on the physical status of the land. 7. Having heard Ld. Counsel for the parties and having gone through the record, this Court is of the view that such a prayer cannot be granted at this stage, when there are no specific facts asserted on affidavit by the applicant as to when and by whom was the applicant informed about alleged construction activities on the subject land and the exact nature of such construction activities. Thus, there is no occasion for directing the Official Liquid .....

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