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2023 Supreme(SC) 419

K. M. JOSEPH, HRISHIKESH ROY
The Sub Registrar, Amudalavalasa – Appellant
Versus
Dankuni Steels Ltd. – Respondent


Advocates appeared:
For the Parties Mr. G. N. Reddy, AOR Mr. Mahfooz A. Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. T. Vijaya Bhaskar Reddy, Adv. Mr. K.V. Girish Chowdary, Adv. Ms. Niti Richhariya, Adv. Ms. Rajeshwari Mukherjee, Adv.
For the Respondent(s): Mr. Gopal Jha, AOR

JUDGMENT :

K.M. JOSEPH, J.

1. Delay condoned. Leave granted.

2. By order dated 13.06.2002, the High Court of Andhra Pradesh ordered M/s. Midwest Iron & Steel company Ltd. (which is Respondent No.3 in the appeals) to be wound up. Though pursuant to order dated 22.09.2003, efforts were made to sell the property of respondent no.3 in three lots, finally, based on an auction for a consolidated sale, the second respondent herein, namely, M/s. SMC Marketing Private Ltd. who figured as the highest bidder, became the successful auction purchaser. It bid for the property which consisted of land, building, civil works, plant & machinery and current assets, etc. The amount for which the second respondent was declared the highest bidder was Rs.8.35 crores. On the basis of a direction given in C.A. No. 1203 of 2004 at the instance of the second respondent, the Official Liquidator was accorded permission by the learned Company Judge to execute the sale deed in favour of the first respondent in the appeals, viz, M/s. Dankuni Steel Ltd. A sale deed came to be executed by the Official Liquidator i


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