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 applicant seeks to set aside the auction sale notice dated 05.12.2021 (the Sale Notice) and in Company Application No.360 of 2021, an interim stay of the auction sale is prayed for. Without seeking an amendment, in the rejoinder and written submissions, the first applicant included Survey Nos.56/2 and 56/3A and claimed title to 35.87 acres. Because the sale deeds that were relied on by the first applicant also disclosed the names of purported co-owners (applicants 2-4 and the late Mr.Sayed Abdul Kader), the purported co-owners and legal heirs of the late Mr.Sayed Abdul Kader were impleaded as applicants 2-7 by order dated 07.06.2023 and provided an opportunity of being heard.

2. The applicants assert title to the schedule mentioned property through the following two sale deeds executed by Indian Integrated Energy Limited (IIEL) in favour of applicants 1-4 and the late Mr.Sayed Abdul Kader: (i) sale deed bearing Document No.829 of 2013 dated 17.04.2013; and (ii) sale deed bearing Document No.830 of 2013 dated 17.04.2013. The applicants also rely on sale deed bearing Document No.1062 of 2013 dated 16.05.2013, which is in favour of the first applicant; and a fourth sale deed bearing Document No.171 of 2014 dated 29.01.2014, which was executed by other land owners in favour of the first applicant''s son. Learned senior counsel, Mr.Arvindh Pandian, made submissions by relying on the above documents. He further submitted that some parent documents through which IIEL acquired title are on record as Document Nos.1218, 1641, 1738, 1740 and 1741 of 2013. He also relied upon the pattas, adangal, tax receipts, and income tax documents to contend that the company in provisional liquidation (the Company) does not have any right over the Disputed Land. Upon being impleaded subsequently, applicants 2-7 did not make additional submissions but adopted the submissions of the first applicant.

3. In response to these submissions, learned Administrator filed a common counter on behalf of the Official Liquidator (the OL). In the said counter, it was asserted that the Company acquired about 119.105 acres in Nangaimozhi village by way of 46 registered general powers of attorney (GPA) and two sale deeds in favour of an employee of the Company. Pursuant thereto, the Company took possession of the entire extent of land, conducted a survey and plotted the land in the form of 1 acre, ½ acre and ¼ acre plots and created provision for infrastructure in the Nangaimozhi project. The Company also registered sale deeds in favour of 107 customers for an extent of 58 acres and entered into maintenance agreements for orchard development with 359 customers.

4. Mr.H.Karthik Seshadri, learned counsel for the Administrator, contended that the Company entered into a Memorandum of Understanding (M