PATNA HIGH COURT
R.M.Lodha and Kishore K.Mandal JJ.
M/s.Jhunjhunwala Vanaspati Ltd.
Versus
Pyrites Phosphate & Chemicals Ltd.
Company Application No. 12 of 2008 ;
Decided On : AUGUST 12, 2008
(Paras 2, 3, 5 to 7)
1. On 6th August, 2008, we passed the following order:-
"The Official Liquidator issued a sale notice initially on 3rd December, 2007, pursuant to the order of the Company Judge inviting offers for sale of movable/immovable assets and properties of the factory unit belonging to M/s Pyrites Phosphate & Chemicals Ltd. (in liquidation) situated at Amjoore, District-Rohtas. The sale notice sets out the assets and properties of the Company (movable/immovable) described in Schedule-I and Schedule-II and also upset price and earnest money. We deem it proper to reproduce the sale notice dated 3rd December, 2007 as it is:-
SALE NOTICE
1. Pursuant to the Orders of the Honble Company Judge, High Court, Patna, Offers on the Prescribed Tender Form are invited for sale of Scheduled below movabie/immovable assets & properties of the Factory Unit belonging to the company in liquidation situated at
Amjhore, Distt.-Rohtas, State of Bihar. The motto of sale is strictly on "as is where is and whatever there is" basis.
Schedule-1 -Factory Building, Plant Sheds, Plant & Machineries related with Phosphate Fertilizer Plant, Lab Equipments, Furniture & Fixtures, Stores, Tube-wells, Motor Vehicles, Loose scraps tems etc. lying and situated within the compound wall of Plant.
Schedule-2.-Non-Residential Buildings, Residential Buildings, alongwith land (free-hold) admeasuring to Acres 318.2675 whereupon the said buildings are constructed and the Factory Unit is installed. Other Eventualities.-Upset price & Earnest Money Deposit for the above
scheduled property:-
Schedule-1 - Rs. 13.00 Crores & Rs. 50.00 Lacs
Schedule-2- Rs. 08.00 Crores & Rs. 40.00 Lacs
Whole (Schedule-1 + 2) Rs. 21.00 Crores & Rs. 90.00 Lacs
Tender Forms can be obtained on payment of Rs. 1,000/- either in cash or demand drafts and assets and properties can be inspected at the Factory Site on 27.12.2007.
Offers may be submitted either for any one or for both of the Scheduled properties as a whole. The Sealed tenders should reach the under signed on or before 1.1.2008 upto 6.00 p.m. The
sealed tenders will be opened on 3.1.2008 at 10.30 a.m. before the Honble Company Judge.
The Terms and Conditions of Sale can be downloaded from our website:www.olhcpatna.com.
Place : Patna Sd/-
Dated-3.12.2007 (G.C. Yadav)
Tel. No. 0612-221002 Official Liquidator,
High Court, Patna Mouryalok Complex,
4th floor, B1-A Dak Bunglow Road, Patna-800 001.
2. It is pertinent to notice that pursuant to the sale notice dated
3.12.2007, three offerers viz., M/s
Fantassy Ventures, M/s Jhunjhunwala
Vanaspati Ltd. and M/s Rajendra Ispat
put in their offers.
3. On 15th February, 2008, these
three offerers were present before the
Company Judge. M/s Fantassy Ventures
(respondent no. 2) on that date
revised its offer to Rs. 13.75 crores. The
Company Judge accepted the same being
highest bid on that date although
conditionally with a direction to the Official
Liquidator to issue a fresh sale
notice for both Schedule-I and Schedule-II
properties fixing 7th March, 2008 as
the date of sale. In his order dated 15th
February, 2008, the Company Judge
made it clear that if some better offer is
not received on 7th March, 2008, then
the sale shall be confirmed in favour of
M/s Fantassy Ventures at Rs. 13.75
crores. The Company Judge ordered return
of security deposited to other two
offerers, namely, M/s. Rajendra Ispat
and M/s Jhunjhunwala Vanaspati Ltd.
(present appellant). These two offerers
were, however, given liberty to submit
fresh offer on 7th March, 2008.
4. Pursuant to the order dated 15th
February, 2008, the Official Liquidator
issued a fresh sale notice dated 20th
February, 2008. We deem it proper to
reproduce the said notice as it is:-
"SALE NOTICE
"Pursuant to the Orders of the
Honble High Court, Patna dated
15.2.2008 Offers are invited from the
intending purchasers on prescribed Tender
Form in sealed cover in one Lot as
a whole, for the sale of land (free-hold)
admeasuring to A
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.