C O M M O N O R D E R

These applications are presented by persons claiming title to lands ad-measuring an extent of 46.64 acres in Survey Nos.131/7, 132/1B, 132/2, 132/3, 132/4, 133/1, 133/2, 133/3, 133/4, 133/5, 134/1A, 134/1B, 134/1C, 134/3, 135/1, 135/3, 136/1, 136/2, 136/3, 136/4B, 136/5, 137/1, 137/2, 137/3, 137/4, 137/6, 138/2, 138/4, 139/4, 139/5A/53, 140/1, 140/3, 140/4, 141/2, 141/3, 142/1A, 142/1B, 143/5, 144/1, 144/2, 144/3, 144/5, 144/6, 147/1, 148/6, 149/1A, 149/2A, 149/2B, 149/2C, 149/2D1, 281/11 situated at Elumpaikottai Velamballam village, Sivagangai taluk, Sivagangai District. In Company Application No.237 of 2022, the applicants seek an order of stay of all further proceedings pursuant to the order dated 14.06.2022 of this Court in C.A.No.161 of 2022 and in Company Application No.238 of 2022, the applicants seek to set aside the sale notice.

2. Learned counsel for the applicant, Mr.C.Umashankar, submitted that the applicants trace their title from four registered sale deeds each dated 08.01.2014, which were registered as Document Nos.31, 32, 33 and 34 of 2014 at the Joint Sub-Registrar Office-I, Sivaganga. He further submitted that the aforesaid purchase was from Columbia Bio Fuels Pvt. Ltd.(Columbia Bio Fuels), which has its registered office at Kolkata. Learned counsel also relied upon the pattas, kist receipts and village accounts in respect of the lands to assert title.

3. Learned counsel further submitted that the schedule mentioned property was mortgaged by the applicants in favour of the Indian Bank, Karaikudi Branch, by deposit of title deeds on 26.04.2016. He also submitted that a supplementary deed of mortgage was executed on 04.10.2019, which was registered as Document No.1718 of 2019 at the Joint Sub-Registrar Office-I, Sivaganga. These mortgages were not redeemed and, therefore, by order dated 28.06.2023 in C.A.No.261 of 2023, the Indian Bank was impleaded as Respondent Nos. 3 & 4 in both applications.

4. Learned counsel submitted that no prior notice of the auction was provided to the applicants. On the ground that the applicants have clear title over these lands, it was submitted that the company in liquidation (the Company) does not have any right over the lands.

5. In response to these submissions, a common counter was filed by the learned Administrator on behalf of the Official Liquidator (the OL). In the said counter, it was asserted that the Company acquired about 155.65 acres in Velamballam (Illupukottai) and Kattu Suravanthi villages under the Max-Nandavanam project through 57 registered general powers of attorney (GPAs) in favour of Mr.A.Venkatesan, an employee of the Company. Pursuant thereto, the Company took possession of the entire extent of land, conducted a survey and plotted the lands.

6. Mr.Karthik Seshadri, learned counsel for the Administrator, submitted that item no.14 of the sale notice dated 29.04.2022 pertained to sale of lands of the extent of 74.65 acres in the Max-Nandavanam project. Out of 74.65 acres, he pointed out that the applicants claim title to only 46.64 acres based on the alleged purchase by the applicants from Columbia Bio Fuels in the year 2014. Therefore, for purposes of these applications, he contended that it is sufficient to decide the rival claims as regards the said 46.64 acres (the Disputed Lands).

7. In order to establish the Company's title over the Disputed Lands, learned counsel for the Administrator relied upon the memorandum of understanding (MoU) dated 10.07.1995 for acquiring about 150 acres of land and the subsequent agreement for sale dated 13.07.1995. He further stated that the original landowners, after receiving the full sale consideration, executed GPAs in favour of an employee of the Company.

8. With regard to the sale deeds executed by Columbia Bio Fuels in favour of the applicants, learned counsel contended that the sale was after the commencement of winding up and, therefore, void against the OL and the Company. Furthermore, he referred to