The court's jurisdiction is limited to company law matters, and it cannot enforce personal agreements regarding personal property.

MANMOHAN, J

Co. Appls.311/2009 & 907/2009 in Co. Pet. 294/2006

While application being Co. Appl. No. 311/2009 has been filed by the purchaser of property bearing No. K-78, Hauz Khas Enclave, New Delhi, seeking release of the property from the Official Liquidator, Co. Appl. No. 907/2009 has been filed by the workmen of the respondent company for release to themselves Rs. 60 lacs deposited with the Official Liquidator by the purchaser as well as former Directors of the company.

Mr. L.B. Rai, learned counsel appearing for workmen states that by virtue of a Compromise Deed dated 19th September, 2004, two Directors of the respondent company namely, Mr. Ajay Kumar Berry and Mr. Ashwani Berry had agreed to pay a sum of Rs. 60 lacs to the workmen from the sale proceeds of the aforesaid property. Mr. Rai, learned counsel has drawn this Court’s attention to paragraph 1 of the aforesaid Compromise Deed which reads as under:-

“1. Both the parties have agreed that the management has to pay the workers towards gratuity and Service Compensation and arrears of salary and also towards all sorts of liability at Rs.60,00,000/-(Sixty Lakhs). It has been agreed that Rs. 60,00,000/-will be payable to the worker from Management towards full and final settlement of their claim.

And it was further agreed that the said Rs. 60,00,000/-(Rs. Sixty Lakhs) will be paid within Sixty days from the date of this Compromise. In the above liability of Rs. 60,00,000/-(Rs. Sixty Lakhs) Sh. Ajay Berry will be liable to pay Rs. 35,00,000/-(Rs. Thirty Five Lakhs) and Ashwini Berry will be liable to pay Rs. 25,00,000/-(Rs. Twenty Five Lakhs) which will be paid after recovering from the property of Ajay Berry and Aswini Berry i.e. K-78, First Floor, Hauz Khas, Delhi.”

Mr. Rai, learned counsel has also drawn this Court’s attention to the order passed by this Court on 25th May, 2009. Since considerable emphasis has been laid on the said order by Mr. Rai, the said order is reproduced herein below:-

“1. This application has been filed by Anurag Sharma and his wife Smt. Poonam Sharma claiming to have purchased the property no. K-78, Hauz Khas Enclave pursuant to two sale deeds both dated 7th July, 2008 for the total sum of Rs. 8 crores executed in their favour by Mr. Ashwani Berry. It has been pointed out that the property was owned by Sh. S.S. Berry who expired leaving behind four heirs, two sons namely Sh. Ashwani Berry and Sh. Ajay Berry and two daughters namely Ms. Geeta Suri and Ms. Kavita Kataria. The other sisters and brother of Sh. Ashwani Berry relinquished their shares in favour of Sh. Ashwani Berry who executed the aforenoticed two sale deeds.

2. On a prima facie consideration of the matter, it would appear that the property was never transferred in the name of the company. However Ms. Manisha Tyagi appearing for the official liquidator has pointed out that the ex-directors of the company are yet to appear and facilitate the enquiry being undertaken which would include all matters relating to the subject property. It has also been pointed out that an industrial plot of the company has been sold shortly before the filing of the present winding up petition in the year 2006 which plot was owned by the company.

3. The enquiry of the official liquidator so far as the property which is the subject matter of this application is concerned, is still not completely over.

4. It has been claimed that a settlement has been arrived at and signed both by Sh. Ashwani Berry and Sh. Ajay Berry wherein it was agreed by them on behalf of the company that upon sale of the first floor, they would pay an amount of Rs.60 lakhs. The official liquidator is also examining the legal consequences of this settlement and the effect it would have on the plea raised by the applicants.

5. This application has been filed for the reason that pursuant to the order dated 21st October, 2008, appointing the official liquidator attached to this Court as the liquidator of the company, the official