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SENTHILKUMAR RAMAMOORTHY
Ebrahim Mohamed Kulam – Appellant
Versus
Official Liquidator, High Court, Madras As Provisional Liquidator of Maxworth Orchards (India) Limited, Chennai – Respondent
JUDGMENT
(Prayer IN C.A.Nos.359 & 360 of 2021: These applications are filed under Order XIV Rule 8 of O.S. Rules r/w Rules 9, 11(B) of the Companies (Court) Rules, 1959 praying to (a) set aside the auction sale notice dated 05.12.2021 with respect to the scheduled property belonging to the Applicant, in the matter of M/s.Maxworth Orchards India Limited; (b) grant stay of the sale notice dated 05.12.2021 with respect to the scheduled property belonging to the Applicant, in the matter of M/s.Maxworth Orchards India Limited.)
Common Order:
1. These applications were originally presented by the first applicant claiming title to lands ad-measuring 28.11 acres (Disputed Land) in Survey Nos.57/1A2, 57/1A3, 57/1B1B, 58/1, 58/2A, 58/2B, 58/5B, 59/2A1, 59/2A2, 59/3, 60/1, 60/2, 61/2A1D, 61/2B, 61/2C, 62/1A2, 62/1C1, 62/1C2, 62/1C3, 62/1C4, 62/1C5, 62/3, 62/4A1, 62/4A2, 62/4B, 76/2, 77/1, 77/2, 77/3, 78/1, 78/2, 227/2, 228/1A, 228/1C, 228/2A, 228/2C, 228/3, 228/4, 229/1A, 229/1C, 229/2A, 229/2B, 229/3, 230/1, 231/1A, 230/2, 231/2, 241/2, 241/3B, 242/1A and 242/1C, Nangaimozhi village, Tuticorin Registration District, Udankudi Sub-registration District. In Company Application No.359 of 2021, the
Dispositions made after winding up under Section 536(2) of the Companies Act, 1956, are void unless validated by the Court, reaffirming the authority of the Official Liquidator over disputed properti....
Sale deeds executed post-winding up are void under Section 536(2) of the Companies Act, 1956, and powers of attorney executed for fraudulent purposes do not confer rights over property.
Sale deeds executed after a company's winding up are void unless validated by the court, while powers of attorney coupled with interest remain valid despite the principal's death.
Sale deeds executed after a company's winding up are void unless validated by the court, while powers of attorney coupled with interest remain valid despite the principal's death.
Compliance with statutory requirements for death certificates and the impact of delay in filing applications on the admissibility of claims.
The court upheld that powers of attorney executed post-winding-up are void, emphasizing the need for registered sale deeds to establish valid ownership, reaffirming precedence in the corporate liquid....
Transactions involving the sale of company assets after winding up are void unless validated by the court, emphasizing the necessity of registered sale deeds for property transfers.
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