JUDGMENT :

Dinesh Maheshwari, J.

1. By way of these appeals, the appellant, being Official Liquidator, ¹[‘OL’, for short,] of the company named IISCO Ujjain Pipe and Foundry Company Limited, ²[Hereinafter also referred to as ‘the company in liquidation’,] has questioned the common judgment and order dated 05.02.2009 in APOT No. 248 of 2008 and APOT No. 235 of 2008, whereby the Division Bench of the High Court at Calcutta has dismissed the appeals against the common judgment and order dated 25.04.2007 in C.A. No. 159 of 2006 and C.A. No. 160 of 2006, as passed by the learned Company Judge of the High Court, ³[Hereinafter also referred to as ‘the Company Court’,] in allowing the company applications preferred by respondent No.1 Ujjain Nagar Palika Nigam, Hereinafter also referred to as ‘the Nigam’, claiming property tax and water tax from the appellant in relation to the company in liquidation, from the date of order of winding up and until the date of confirmation of sale of assets to the auction purchaser, who is now represented by respondent No. 3.

2. Briefly put, the relevant facts are that the said company, IISCO Ujjain Pipe and Foundry Company Limited, became sick and was referred to the Board for Industrial and Financial Reconstruction, For Short, ‘BIFR’, under the provisions of Sick Industrial Companies (Special Provisions) Act, 1956. The BIFR recommended its winding up and, accordingly, it was ordered to be wound up by the Company Court in its order dated 10.07.1997. The appellant herein was appointed as the Official Liquidator and was directed to take over possession of the assets of the company in liquidation.

3. Following an order passed by the Company Court on 04.04.2003, the assets of the company in liquidation were put up for sale on “as is where is whatever there is” basis by means of sale notice dated 09.05.2003. The said notice provided for inspection of the assets of the company by intending purchasers and mentioned the availability of terms and conditions of sale alongwith particulars about the assets of the company at the office of the appellant. This sale notice reads as under: -

“SALE NOTICE

Pursuant to the order of the Hon'ble High Court, Calcutta dated 4th April, 2003 offers are invited in sealed cover enclosing a Bank Draft or Pay Order in favour of Official Liquidator, High Court, Calcutta for an amount equivalent to 20% of the offered amount as earnest money for sale of the assets of the Company [In Liqn.] like land structure, building, machineries etc., lying at Dewas Road, Ujjain M.P., and lease hold land building quarter at Nana-Kheda, Indore road, Ujjain, M.P. The assets of the company will be sold 'as is where is whatever there is basis'. Balance amount is to be paid within 30 days from the date of sale and the possession is not be made only after full payment of the purchase price.

Sealed offers will be received by the Official Liquidator upon 5 p.m. dated 26th June 2003 and the same will be opened on 27th June 2003 at 2.00 p.m. before the Hon'ble Judge taking Company matters in the High Court at Calcutta for consideration of such sealed offers. No one will be allowed to purchase in favour of nominee or nominees.

Inspection of the assets of the Company [In liqn.]