IDGMEN T'ORDER IN - COMPANY PETITION No. 7 of 1999 http: '/elegalix.allahabadhighcourt in/elegalix’ WebShow Judgment de eLegalix - Allahabad High Court Judgment Information System (Judgmentiorder in Toxt Format) This is an UNCERTIFIED copy for information/roference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying), HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. -7 Case = COMPANY PETITION No. -7 of 1999 Petitioner - Sri Ranvijay Tewari And Others Respondent - Bhartiya Gramin Vikas Vitta Nigam Lid, Counse! for Pettioner - S. Chatterjee,B.N Chaturvedi Counsel for Resoondent - Ronit Agarwal,G.S Hejela.irshad Husain,0.L.B KL. Srivastava,O.L.US Petole Raj Neth N. Shukla Ravi Shanker Prasag,S.F.A.Naqvi Sanjeev Singh, U.N Sharma Vinay Singh Hon'ble Suneet Kumar As prayed, two weeks time is granted to the Official Liquidator to file reply to the application, OL Report No.Jud/254 of 2014 filed today is taken on record ‘The Official Liquidator shall made publication of notices to invite claims from workman and creditors. Application is disposed of. Order Date :- 10,10,2014 18 Visit abadhighcourt.in do for more Judgments/Orders delivered at Allahabad High Court ang Its Bench at Lucknow, Disclaimer fe 01-2016 12:42IUDGMENT/ORDER IN - COMPANY PETITION No. 7 of 1999 at....__http://elegalix.allahabadhighcourt.in/elegalix/ WebShowJudgment.dc ofl eLegalix - Allahabad High Court Judgment Information System (Judgmenvorder in Text Format) This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certi only. in case of any mistake, please bring it to the notice of Deputy Registrar(Copying).. HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 38 Case :- COMPANY PETITION No. - 7 of 1899 Petitioner :- Sri Ranvijay Tewari And Others Respondent Bhartiya Gramin Vikas Vitta Nigam Lid, Counsel for Petitioner :-S. Chatterjee.8.N Chaturvedi Counsel for Respondent :- Rohit Aganal.G.S Hejela.irshad Husain,O.L BK L. Srivastava. LU S Patole Raj Nath N. Shukla Ravi Shanker Prasad,S.F A Naqvi Sanjeev Singh, U.N Sharma.Vinay Singh Hon'ble Panka) Mithal.J List in the next cause list due to illness of Sri RN. Shukla, Order Date = vkwupch. 18.11.2015 Visit htto:elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do for more Judgments/Orders delivered at Allahabad High Court and Its Bench at Lucknow. Disclaimer 01-2016 12:41LIDGMENT/ORDER IN - COMPANY PETITION No. 7 of 1999 at hap: /elegalix allahabadhighcourt in/elegalix/ WebShow udgment.do eLegalix - Allahabad High Court Judgment Information System (JudgmenvOrder in Text Format) This is an UNCERTIFIED copy for informationireference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying). HIGH COURT OF JUDICATURE AT ALLAHABAD 7Court No, - 38 Case - COMPANY PETITION No. - 7 of 1999 Petitioner = Sri Ranvijay Tewari And Others Respondent ~- Bhartya Gramin Vikas Vitta Nigam Ltd ‘Counsel for Petitioner - S. Chattenee.8.N Chaturvedi ‘Counsel for Respondent :- Rohit Agarwal,G.S Hajela.Irsnad Husain O.L.8 K.L. Srivastava,O L.U.S Patole Raj Nath IN. Shukla Ravi Shanker Prasad S.F A. Naqui Sanjeev Singh, U.N Sharma Vinay Singh Hon'ble Pankaj Mithal J Heard Sri Manish Chaturvedi, learied counsel appearing for the applicant One Surya Prakash Sharma has filed an application and had made a prayer to absolve the company/ Director ofits liability © of paying the debts of the company to the creditors and to transfer the balance amount in the bank account of the applicant. Its not clear from the pleacings of application as to who is Surya Prakesh Sharma. However, it appears that he is an Ex. Director of the company and wants that he should be absolved from any personal financial liability anc assets of the company after satisfying the creditors be transferred to him, The company was ordered to be wound up on 10.05.2000 and the Offical Liquidator is in the process of distribution of the devident to the various claimants. At this stage, ittcannot be said that there is any surplus amount. ‘The Ex Directors have no personal financial liabilty however, if any Ex Director has committed any offence in discharge his duties as a Director, he has to face the proceedings in that regard and cannot be absolved from the same In view of the aforesaid facts and circumstances, as on date the application as made by the aforesaid Ex, Director Is completely misconcelved and Is rejected, The Official Liquidator® is permitted to issue advertisement inviting claims by publishing the same in the news papers "Hindustan" (Hindi) and "Hindustan Times" (English) both publisned from Lucknow thorough Director {information) Department of Information & Public Relations "Suchna Bhawan’ Lucknow Official Liquidator Report No. Judicial 208 of 2014 and 254 of 2014 are disposed of Order Date = 3.12.2018/«k updh Visit ttp:/fetegatix allahabadhighcourt inlelegalix/StartWebSearch.do for more Judgments/Orders delivered at Allahabad High Court and Its Bench at Lucknow. wt 5-01-2016 12:41Cn ERIIIOS- COMPANY PETITION No. 7081999 at... http://elegalix.allahabadhighcourt.in/elegalix/WebShow Judgment.d eLegalix - Allahabad High Court Judgment Information System (JudgmenvOrderin Text Formet) ‘This is an UNCERTIFIED copy for informationireferet only. In case of any mistake, please bring it to the n HIGH COURT OF JUDICATURE AT ALLAHABAD - For authentic copy please refer to certified copy of Deputy Registrar(Copying). 7In Chamber Case» COMPANY PETITION No. - 7 of 1999 Petitioner - Si Ranvijay Tewari And Others Respondent - Bhartiya Gramin Vikas Vitts Nigar Lt Petitioner Counsel - §. Chatterjee,B.N. Chaturvedi Respondent Counsel - Rohit Agarwal,G S Hajela Irshad Husain,©.L.8.K.L. Srivastava, L.U.S Patole,Rej Nath N. ‘Shukla, Ravi Shanker Prasad S.F A Naqvi Sanjeev Singh U.N Sharma, Vinay Singh Hon'ble Bharati Sapru J Invview of the facts as stated in the Judicial Report no.244 of 2012, the sale is confirmed. Official Liquidator is erected to take step for execution of sale deed in favour of Sri Iftkhar Haider wno has paid the entice money and peaceful possession shall also be handed over to him. The secunty deployed by the official iquidator, while handing over the possession, be discharged, Order Date = 31.10.2012 rk arch.do for more JudgmentsiOrders delivered at Visit http:Netegalix. allah Allahabad High Court and Its Bench at Lucknow. DisclaimerSEERA L ERR asa SNE ED EE SNS A, EE htip:/elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.d eLegalix - Allahabad High Court Judgment Information System (JudgmentOrderin Text Format) This is an UNCERTIFIED copy for information/referent only. in case of any mistake, please bring it to the n HIGH COURT OF JUDICATURE AT ALLAHABAD, For authentic copy pleaso refer to certified copy 2 of Deputy Registrar(Copying). ‘2Court No. - 10 Case - COMPANY PETITION No. - 7 of 1999 Pettioner : Sri Ranvilay Tewari And Others: Respondent - Bhartiya Gramin Vikas Vita Nigam Lto Petitioner Counsel - S. Chatterjee,6.N.Cnaturved) Respondent Counsel - Rohit Agarwal,G.S.Hajela.0.L.BK L. Srivastava, OL U.S Patole Raj Nath N. Shukla, Ravi ‘Shanker Prasad,S.F.A Naqvi,U.N Sharma Vinay Singh Hon'ble Pankaj Mithal J Heard Sri R.N Shukla, learned counsel forthe Official Liquidator and Sri $ FA. Navi appearing for Itikar Haider, ‘Smt. Shabina Haider and Sri Rajneesh. representative of Dr. Anand Singh The Official Liquidator has submitted OL. Report (Judicial) No.170 of 2012 ‘The property of the company in liquidation situate a1, Indalganj, Mohibullahpur, Stapur Road, Lucknow i for sale. ‘The minimum reserve price forthe aforesaid propery, cn the basis of the valuer reports dated 19,7 2009. 20 42011 ‘and 23.1.2012 was fixed at R8.60 lacs vide order dated 18 4.2012 Earlier the propery, after fration of lesser minimum reserve price was ordered to be advertised for sale and it was so advertised two times in November, 2011 and Apr, 2012 but en both the occasions the property could not feten Droper price, not even the minimum reserve price fixed Pursuant to advertisement one Dr. Anand Singh had also submited a tender offering Rs.46 lacs. The said tender, however, was received after the due date. Only Mr Ithikar Haider, a retired Engineer had submitte his tender within time and had offered Rs 80 lacs, which was raised to Rs 61 lacs. He is husband of Smt. Shabina Halde’ to ‘whom one ofthe Ex-Directors ofthe Company had sold the propery vide sale deed dated 26.10.1889 (wrongly mentioned as 15 8.1999 inthe order dated 30.5.2012] whereupon she had constructed a multi stoded building on it Later, after winging up order dated 10 5.2000, the aforesaid sale deed was deciared to be void vide order of he Court dated 6 8.2007 but nonetheless Smt. Shabina Haider continued t0 be in possession though the Official Liquidator nas now taken possession we f 24.6.2008 The Official Liquidator reports that ooking tothe location ofthe property and its surrounding, itis not possible to ‘obtain any better offer, No one is coming forward to purchase the above proverty 2s all he land in ts surrounding is ‘owned by Smt. Shabina Haider and her husband Mr titer Haider, There s no approach road tothe aforesaic property except for a five feet lane between the lan of above two persons Smt Shabina Haider and her husoand Mr tinker Haider. Therefore, itis next to impossible for any stranger to purchase and utlise the said propery, ‘The representative of Dr. Anand Singh. who is present, accepts the above position and states that fhe ve slowed proper excess tothe aforesaie property he may raise the bid amount to more than Rs.60 lacs. But providing ‘2p9roach read appears to be imposable for the Offical Liquidator In view ofthe above peculiar facis and circumstances and the locaton of the property in order to avoid futher ligation itis considered desirable thet the efforts be made to sete the property wih the family of Smt. Shebina Haider ie tenderer Mr. IRhikar Haider Ikmay be noted that he company in liquidation is not possessed of any other propery. At the instance ofthe Cour, Mr. Rajeev Kumar Gupta, the representative ofthe tenderer Mi. Ithikar Haider through his counsel nas raised the ofer to Rs.70 lacs Earlier, on 22.4.2008 the Court had offered the seid property to Sm Shabina Haider for an amount of Rs.40 lacs and she was directed to deposit the said amount within @ specified period but the deal could not materialise 2s, ‘some delay had occurred on her part in depositing the amount. Now her husband Mr. Ihikar Haider hae offered Rs.70 acs for the sais property. Thus, the tender of Me Ithiker Haider at Rs.70 lacs is accepted. He may deposit the amount with the Official Liguidator as per the terms and conditions of sale, The Oficial Liquidator may thereafter submit report for 01-2016 12:43EEE ONAN = COMPANY PETITION No. 7 0F 1999 at... _http://elegalix.allahabadhighcourt.in/clegalix/WebShowJudgment.d confirmation of the sale. The O.L Report (Judicial) No.170 of 2012 stands disposed of Order Date 47.2012 brizesh lenalix.allahabadhighcour. in/olegalix/StatWebSearch do for more Judgments/Oreers delivered at Allahabad High Court ang Its Bench at Lucknow Disclaimer 1-2016 1