Back
SENTHILKUMAR RAMAMOORTHY
S. Nandagopal – Appellant
Versus
Official Liquidator, High Court, Madras. As Provisional Liquidator of Maxworth Orchards (India) Limited – Respondent
ORDER :
C.A.Nos. 55, 89 and 90 of 2022 were filed to implead S.Nandagopal, A.Kirubakaran and Jebalatha as parties to C.A.No.297 of 2021, i.e. an application for sale of the immovable assets described in the schedule thereto. Being proceedings in rem, such applications are unnecessary. The other applications (C.A.Nos. 129 to 134 of 2022) were filed by S.Nandagopal, A.Kirubakaran and Jebalatha seeking to set aside the order dated 26.11.2021 in C.A.No.297 of 2021 in C.P.No.57 of 1998 insofar as the lands described in the respective Judge's summons are concerned, and to stay all further sale proceedings pursuant to the aforesaid order in respect of the above mentioned lands pending disposal of the applications to set aside the sale.
2. S.Nandagopal traces title to an extent of 01.82.00 hectares in S.No.92/1 in Ezhuvaraimukki Village, Sathankulam Taluk, Tuticorin District from one Perumal Thevar, son of Veerasangili Thevar. Similarly, as regards an extent of 01.53.50 hectares in S.No.92/3 in the same village, he traces title from the said Perumal Thevar. According to him, the said Perumal Thevar sold the said properties under six sale deeds bearing Document Nos.567 to 572 of 1991 to Vijay
Conveyances executed post-winding up and in violation of court orders are void; title cannot be conveyed under a power of attorney.
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.
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....
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....
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.
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.
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
