ORDER :

1. Heard learned advocate Mr. Dhruvik K. Patel for the applicant and learned advocate Ms. P.J. Davawala for the respondent.

2. By this application the applicant has prayed for the following reliefs :

“A. Be pleased to hold and declare that non-agricultural land bearing Survey No. 118/1, 2 and 3, included in T.P. Scheme No. 2 allotted Final Plot No. 128/1, sub-plot No.2 bunglow no.53, admeasuring 382 Sq. mtrs. (including constructed area 270.26 sq.mtrs) Village Koba, Taluka - Gandhinagar, Dist. Gandhinagar (herein after referred to “property in question”) does not belong to the Respondent No.3 company since the same having purchased by the Applicants vide registered Agreement to Sale dated 11.04.2014 i.e. one year prior to presentation of winding up petition being Company Petition no.179 of 2015 against the Respondent No.3 i.e. on 05.05.2015 as well as order dated 17.08.2015 passed by this Hon’ble Court appointing provisional liquidator in Company Petition No.179 of 2015 and further be pleased to restrain the Respondent No.1 herein from taking any action under the provisions of Companies Act, 1956 and further be pleased to execute the sale deed in favour of Applicant upon payment of the balance sale consideration amount.

B. Be pleased to hold and declare that considering the date of purchase by the applicants on 11.04.2014 i.e. prior to one year from the presentation of winding up petition on 05.05.2015 and therefore does not fall within the purview of Section 531-A of the Companies Act, 1956 and be pleased to further issue appropriate directions for ratification of sale transaction dated 11.04.2014 and further be pleased to direct the Respondent No. 1 to release the symbolic possession of property in question and further be pleased to execute the sale deed in favour of Applicant upon payment of the balance sale consideration amount;

C. Be pleased to pass any other and further or such other order/s that may be deemed just and proper in the interest of justice.”

3. It is the case of the applicant that the applicant is in possession of bungalow No.53 admeasuring 382 sq.mtrs of village-Koba, Taluka & District-Gandhinagar and super built up area and land area admeasuring 260 sq. yards in the scheme known as ‘Sukan Palace’ constructed by the Company (In Liquidation) at T.P. Scheme No. 2, Survey No. 118/1, 2 and 3, F.P. No. 128/1 village-Koba, Taluka and District-Gandhinagar.

4. The applicant purchased the aforesaid bungalow by a registered sale deed dated 11.04.2014, which is prior to the date of filing of the Company Petition No.179 of 2015 on 05.05.2015 by one M/s.Daga Marketing Pvt. Ltd-respondent No.2 against M/s. Sukan Corporation Pvt. Ltd. before this Court. This Court by order dated 17.08.2015 passed the winding up order against M/s. Sukan Corporation Pvt. Ltd. in Company Petition No.179 of 2015 and the Official Liquidator attached to this Court was appointed as provisional liquidator of the company with a direction to act as per the provisions of the Companies Act, 1956.

5. Pursuant to the winding up order, the Official Liquidator by letter dated 03.09.2015 deputed his representative to inspect the record of the Company (in liquidation) with the Registrar of the Companies to find out the assets, liabilities, address of registered office etc. of the company (in liquidation).

6. During inspection of the records with Registrar of the Companies, the representative of the Official Liquidator compiled the details of the company (in liquidation) as under :