ORAL ORDER

1.Heard learned advocate Mr. Saurabh Patel for the Official Liquidator of M/s. Mukund Chemicals Pvt. Ltd [In liquidation] and learned advocate Mr. Prabhakar Upadyay for the respondent.

2.By order dated 24.07.1999 passed in Company Petition No. 354 of 1997, M/s. Mukund Chemicals Pvt. Ltd was ordered to be wound up and the Official Liquidator attached to this Court was appointed as the Liquidator of the said company with the direction to take charge of all the assets and properties of the Company [In Liquidation].

3.By order dated 08.08.2007 passed by this Court in Official Liquidator Report No. 197 of 2007, the Sale Committee was appointed for sale/disposal of the assets and properties of the Company [In Liquidation].

4.As per the order dated 27.12.2017 passed in Official Liquidator Report No. 33 of 2017, sale of Lot No. II i.e. leasehold land with GIDC admeasuring 5760.00 sq.mtrs and building and super structure along with plant and machinery and furniture and fixtures situated at Factory Plot No. 3705 Survey No. 332/1, near Asian Paint Cross Road, Ankleshwar, GIDC Estate, Village-Piraman, Taluka-Ankleshwar, District Bharuch was sold to M/s. NPL Polymers Pvt. Ltd for Rs. 5,05,00,000/-.

5.This Court by order dated 09.10.2019 in Official Liquidator Report No. 59 of 2018 with Company Application No. 51 of 2019 permitted M/s. NPL Polymers Pvt Ltd to deposit the amount of sale consideration with delay together with interest @ 7% per annum for the belated period. The Official Liquidator was directed to handover the physical possession of the property in question.

6.The Official Liquidator thereafter received the entire sale consideration along with late fee charges of Rs. 12,19,648/- including the interest @ 7% per annum from M/s. NPL Polymers Pvt. Ltd and on 09.01.2020, the Official Liquidator handed over the possession of the property on 12.02.2020.

7.The Official Liquidator thereafter received a letter from advocate of applicant of Company Application No. 21 of 2021 i.e. M/s. Darshan Healthcare Private Limited to permit the said party to be the nominee of the auction purchaser along with declaration-cum- affidavit dated 23.03.2021 and copy of Board Resolution dated 16.08.2020 and the Official Liquidator was informed that M/s. NPL Polymers Pvt. Ltd. has nominated M/s. Darshan Healthcare Pvt Ltd through its directors to execute register assignment and deed of conveyance for the property of the Company [In Liquidation] which was sold to M/s. NPL Polymers Pvt. Ltd. Learned advocate Mr. Prabhakar has filed an affidavit of the Director of M/s. Darshan Health Care Pvt. Ltd pursuant to the order passed by this Court on 14.10.2021 wherein following averments are made:

“(2) I respectfully say and submit that M/s. NPL Polymers Pvt. Ltd is the successful highest bidder and auction purchaser of the properties of the company [in liquidation]. This Hon’ble Court have been pleased to pass an order dated 27.12.2017 in Official Liquidator Report No. 33 of 2017, whereby the offer of the M/s. NPL Polymers Pvt Ltd was accepted. The NPL Polymers Pvt Ltd has deposited an amount of Rs. 5,05,00,000/- towards the sale consideration with the office of the present respondent. M/s. NPL Polymers Pvt Ltd has also deposited an amount of Rs. 12,19,548/- (Rs. 10,07,564/- being interest @ 7% per annum for the belated period of sale proceed plus late fees of Rs. 2,12,084/-) with the office of the present respondent.

(3) I respectfully say and submit that in pursuance to the order dated 27.12.2017 passed by this Hon’ble Court, M/s. NPL Polymers Pvt. Ltd nominated the present applicant and passed the Resolution dated 16.08.2020. The Directors of the N/s. NPL Polymers Pvt. Ltd submitted the Declaration Cum Affidavit dated 23.03.2021, whereby the directors of M/s. NPL Polymers Pvt. Ltd have declared on oath that they have no objection of the registered Assignment and Deed of Conveyance be executed in favour of the present applicant.”

8.It is also stated in the said a