Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S. SANJAY GOWDA
Somabhai Jinabhai Patni – Appellant
Versus
Official Liquidator Of Aryodaya Spinning And Weaving Mills Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. winding up and liquidation of company. (Para 1 , 6 , 7 , 8) |
| 2. nature of possession and requirements for lawful eviction. (Para 2 , 3 , 12 , 13) |
| 3. eviction process and encroachment issues. (Para 4 , 5 , 10 , 11) |
| 4. transfer of title and rights to possession. (Para 14 , 20) |
| 5. final judgment on property sale and possession rights. (Para 15 , 16) |
ORDER :
N.S. SANJAY GOWDA, J.
1. The facts leading to the filing of the above appeal are as follows:
(1) M/s. Aryodaya Spinning & Weaving Mills Company Limited was ordered to be wound up by this Court in Company Petition No.33 of 1983 under an order dated5.5.1989 and the Official Liquidator was appointed to liquidate the assets of the company.
(2) The Official Liquidator had issued eviction notices to the persons who were in occupation of a portion of the property belonging to the company and in response, the occupants had filed Company Application No.441 of 2009. However, this Court passed an order on 3.12.2009 in the following terms:
“1. Official Liquidator submits that the notices are issued for ascertaining the legal status and rights of the applicants and similarly situated persons who are admittedly on the property of the com
Court clarified that post-liquidation, property possession must be secured legally; unauthorized dispossession is not permitted, aligning with principles of due process.
Directors of a company can initiate legal proceedings without a formal Board resolution if authorized by the Memorandum and Articles of Association.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
A statutory body retains no right to resume possession of leased land post-winding up without permission from the Company Court, despite lease cancellation being legally permissible.
The court established that secured creditors must be included in winding up proceedings to protect their interests in mortgaged properties.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
