ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Flavuro Foods Pvt. Ltd. – Appellant
Versus
Official Liquidator – Respondent
JUDGMENT :
1. This intra court appeal is directed against an order passed by the Company Judge, dated 7.11.2023 in Company Petition No. 27 of 2007. The learned Company Judge has noticed that pursuant to auction proceedings initiated by the official liquidator the proposed sale was widely published in Amar Ujala (Hindi) (All UP Edition) and Hindustan Times (All India Edition) (English). Three bids have been submitted before the official liquidator all of which were above the reserve price fixed by the Company Judge. Learned Company Judge by the order under challenge has directed the official liquidator to re-advertise the auction by enhancing the reserve price to the amount quoted by the highest bidder i.e. the appellant. Aggrieved by the decision of Company Judge the highest bidder has filed the present appeal.
2. It transpires that in the liquidation proceedings an order came to be passed by the Company Judge on 24.5.2023 directing the official liquidator to publish e-auction notice for sale of the property in question. Auction notices were thus published on 24.7.2023 in Hindustan (Hindi) in all editions and Indian Express (English) all India editions. Pursuant to such publication o
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