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2008 Supreme(P&H) 696

PERMOD KOHLI
Loil Continental Foods Ltd. – Appellant
Versus
Punjab Wireless Systems Ltd. (In Liquidation) – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjiv Bansal, Advocate.
For the Official Liquidator :Mr. Puneet Kansal, Advocate.
For PUDA :Rupinder Khosla, Advocate.

JUDGMENT

Permod Kohli, J. - The applicant is the auction purchaser of the property of the Punjab Wireless Systems Limited, Company in Liquidation. Through the medium of this application, a prayer is made for the following directions :

(i) To execute the necessary conveyance deed in favour of the applicant;

(ii) Annul the order dated 16.05.2005 passed by the Estate Officer, PUDA for resumption of the property.

The application proceeds on the following admitted facts :

(i) Respondent No. 1 company was ordered to be wound up vide order dated 01.02.2001 and the official Liquidator was appointed as the Liquidator for the Company.

(ii) The Official Liquidator vide advertisement dated 10.03.2006 informed the general public about the sale of assets and property of the company in liquidation by way of Court auction to be conducted by the Company Court on 20.04.2006.

(iii) The bids/tenders were invited from the general public under the sealed cover along with earnest money. The immovable property of the Company was shown as lease hold property. The property was sought to be sold in different lots as notified.

(iv) The applicant submitted its bid for lot No. XX which, inter alia, included the l















































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