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TMI Blog2021 (4) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... 5670 kilograms of copper ingots of M/s. Premier Cables Company Limited (in liquidation). The appellant was the highest bidder. 2.The Official Liquidator filed Report No.195 in C.P. No.2/1996 on 26.08.2019 for confirmation of sale in favour of the appellant. The learned Company Judge by order dated 31.10.2019 confirmed the sale. Accordingly, the Official Liquidator as per Annexure-R2 communication dated 22.11.2019 (Annexures referred to hereinafter in this judgment are the Annexures produced along with and marked as such in, the Statement filed by the Official Liquidator in C.A. No. 01/2021) informed the appellant that the sale has been confirmed in favour of the appellant and the appellant was called upon to remit the balance sale consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure-R1 terms and conditions of the tender accepted by the appellant. 6. The appellant filed Company Application No.75/2020 to set aside Annexure-R6 letter of the Official Liquidator whereby the EMD was forfeited. 7. The appellant also filed Company Application No.76/2020 for direction to allow the appellant to remit the balance sale consideration in two installments within 3 months from the date of order after deducting the amount of Rs. 50,000/- deposited as EMD. 8. The learned Company Judge by common order dated 23.09.2020 dismissed both the above applications observing that the said applications were filed only on 22.09.2020 with inordinate and unexplained delay and by the time the Court had already allowed the Official Liquidato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt on 09.12.2020. 11. From the records of the case in R.P. No 860/2020, we find that the Learned Company Judge, who heard the Company application on 29.01.2021, having regard to the averments in the affidavit and submission made on behalf of the appellant, passed an order directing the Registry to place the matter before the Hon'ble the Chief Justice for appropriate orders for posting C.A. No. 1/2021 and R.P. No.860/2020 before the learned Judge before whom it was listed on 09.12.2020. Accordingly, C.A. No. 1 of 2021 and R.P. No.860/2020 were posted and thereupon, on 18.02.2021, the learned Company Judge dismissed C.A. No.1/2021 in C.P. No.2/1996 and the present Company Appeal has been filed against the same. R.P.No.860/2020 was also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of EMD. The appellant filed Company Application No.75/2020 to set aside Annexure- R6 letter of the Official Liquidator whereby the EMD was forfeited. The appellant then turned around and filed C.A. No.76/2020 for direction to allow the appellant to remit the balance sale consideration in two installments within 3 months from the date of order after deducting the amount deposited as EMD. Later, the appellant filed C.A. No.78/2020 for direction for refund of EMD.Still later, C.A. No. 01/2021 was filed for direction to confirm the sale in favour of the appellant as 'directed' by the Court on 09.12.2020. The appellant cannot take inconsistent positions before the Court . 14. The appellant did not avail of the opportunity to remit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not interfered with. The learned Company Judge is right in observing that the mischief is apparent as the appellant had gone to the extent of contending that the amount ordered to be paid is inclusive of the EMD, which had already been forfeited. The learned Company Judge took a very lenient view and refrained from imposing cost. 16. Things did not stop there too. In the memorandum of company appeal, it is reiterated by the appellant that, when the review petition as well C.A No.78/2020 came up for consideration on 08.12.2020, the learned Company Judge orally directed the appellant to remit the sale consideration and it is with the authority of law, the appellant remitted the sale consideration on 16.12.2020. 17. On perusing the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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