ORDER :

1. Heard learned advocate Mr. Jainish P. Shah 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) This Hon’ble Court may be pleased to direct the Official Liquidator-Res. No.1 to release the possession of Bungalow No.18 (having net plot area 177 Square Meters) in the scheme known as “Shukan Palace” unit constructed by Shukan Corporation Private Limited situated at T.P. Scheme No.2, Survey No.118/1, 2 and 3, F.P. No.128/1, Village Koba, Taluka Gandhinagar, Dist.-Gandhinagar ("property in question") in view of section 531 of Companies Act, 1956 which is claimed to be taken by the Official Liquidator since applicant is having registered agreement to sell dated 26/12/2013 in his favour and has been allotted by the respondent no.3 as well as further be please to direct the respondent no. 1 not to take any steps against the aforesaid property considering the same as the assets of the Respondent no.3 company;

(B) This Hon’ble Court further be please to direct the direct the Official Liquidator-Res. No.1 to execute sale deed of Bungalow No.18 (having net plot area 177 Square Meters) in the scheme known as “Shukan Palace” unit constructed by Shukan Corporation Private Limited situated at T.P. Scheme No. 2, Survey No. 118/1, 2 and 3, F.P. No. 128/1, Village Koba, Taluka Gandhinagar, Dist. Gandhinagar ("property in question") as mentioned in registered agreement to sell dated 26/12/2013 in his favour by accepting remaining amount of consideration;

(C) The Hon’ble Court may be pleased to further direct the provisional Liquidator not to sell off, dispose off, ereate any rights whatsoever in favour of any third person on the said property in question, as the company which is now in liquidation and the Company has no right whatsoever, Over the said property in question.”

(D) The Hon’ble Court would be pleased to pass such other and further order as it deems fit and proper in the interest of justice.

3. It is the case of the applicant that the applicant is in possession of bungalow No.18 admeasuring 177 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 21.03.2014, 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 :