JUDGMENT

(Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of CPC read with Clause 15 of the Letters Patent against the judgement and Decree dated 19.07.2016 passed by the Justice Mr.Rajiv Shakdher made in Company Application No.1010 of 2015 in C.P.No.103 of 1993.

Original Side Appeal filed under Order XXXVI Rule 9 of CPC read with Clause 15 of the Letters Patent against the Judgment and Decree dated 29.04.2013 made in Company Application No.125 of 2011 in C.P.No.103 of 1993.)

Common Judgment: (Abdul Quddhose, J.)

The points for consideration in these intra Court appeals filed under Order XXXVI Rule 9 of CPC read with Clause 15 of the Letters Patent are as follows:

(a) whether the learned Single Judge was right in rejecting the application filed under Section 536(2) of the Companies Act, 1956 by M.Lakshmi Narayana Choudhary (deceased) seeking to validate the Deed of transfer of leasehold rights dated 30.01.1997 executed in his favour by Sethuram Thiyagarajan Engineers Pvt. Limited (in short, ‘STEPL’), the company under Liquidation on the ground that the alleged transfer is not a bonafide transfer and not entered into in the interest of the company and its creditors.

(b) whethe