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2022 Supreme(Guj) 111

R.M.CHHAYA, HEMANT M.PRACHCHHAK
Director, Essen Finance and Investments Ltd. – Appellant
Versus
City Pulse Theaters Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.N. Soparkar, Senior Advocate with Mr. B.S. Soparkar
For the Opponent :Mr,. Jeet J. Bhatt, Mr. Mitul Shelat, Advocate with M.S. Disha N. Nanavaty, Mr. Pratik Acharya, Official Liquidator, Tirth Nayak

JUDGMENT :

R.M. Chhaya, J.

1. Both these appeals are directed against the order dated 14.10.2021 passed in Company Application No. 18 of 2021 in Company Petition No. 97 of 1995. The grounds and contentions raised in both the appeals are also similar and hence both the appeals were heard together and are disposed of by this common judgment and order

2. The following noteworthy facts emerge from the record of these appeals. The company name M/s Essen Computers Limited was ordered to be wound up vide order dated 7.4.1997 passed by this court in Company Petition No.97 of 1995. The matter pertains to the sale proceedings of assets of the company under liquidation situated at Block No.A/10, GIDC, Electronics Estate, Gandhinagar (hereinafter referred to as the "land in question"). The possession of the land in question was ultimately taken over by the official Liquidator attached to this Court and has averred before us two attempts were made earlier for sale and disposal of the land in question but said attempts did not yield any result. The record indicates that the official Liquidator

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