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1988 Supreme(Guj) 63

P.R.GOKULAKRISHNAN, R.A.MEHTA
D. R. SANGHVI and COMPANY, AHMEDABAD – Appellant
Versus
VIRAT APARTMENT CO OPERATIVE HOUSING SOCIETY LIMITED,surat – Respondent


Advocates Appeared: J.M.THAKAR, M.J.THAKUR

P. R. GOKULAKRISHNAN, J.

( 1 ) ALL these appeals are filed by different parties who are aggrieved by the orders passed in Company Petition No. 137 of 1985 on 18/02/1988 and 2/03/1988 With the consent of the parties they are fully board and disposed of finally. All appeals are admitted and respective Counsel waives service for his respective client in all the appeals.

( 2 ) THE facts of the case to appreciate the contentions of the respective parties are as follows:" One Swashraya Benefit Private Limited came into liquidation. In the winding up proceeding its property namely northern wing of the building known as Virat Apartment situated in Diwali Baug Athwa Lines Surat was sought to be sold. The Official Liquidator as per the direction of the Court inserted advertisements in various newspapers calling for others to purchase this Virat Apartment. Pursuant to the said advertisements the appellants made their offers in writing to purchase the said property. Even though the matter was placed before the learned Company Judge on different dates most of the appellants herein were not informed of the said dates of hearing. Ultimately the matter was placed before D. C. Gheewala J. on 23-7-19
























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