Comp.A.Nos. 359 & 360 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on

12.07.2023

Order pronounced on

23.08.2023

CORAM

The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

Comp. A.No.359 & 360 of 2021

in

Company Petition No.57 of 1998

1. Ebrahim Mohamed Kulam

2. Rafeeka Seyed Kulam

3. Mohamed Thamby Kulam

4. S.A.Noorul Ameena

5. Habeeb Syed Mohamed Mukrim

6. H.S.Ayesha Fathima

7. Habeeb Syed Sayeed Aslam

...Applicants

(Applicants 2 to 7 impleaded

as per order dated 7.6.2023 in

Comp.A.Nos.262 & 263 of 2023)

v.

1. The Official Liquidator,

High Court, Madras

As Provisional Liquidator of

Maxworth Orchards (India) Limited,

(in Provisional Liquidation),

Corporate Bhavan, 2^nd Floor,

No.29, Rajaji Salai, Chennai – 600 001.

2. Ms.D.Nagasaila Suresh

Administrator,

Maxworth Orchards(India) Limited

(in Provisional Liquidation),

No.1A, Akbarabad First Street,

Kodambakkam, Chennai – 600 024. ...Respondents

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https://www.mhc.tn.gov.in/judis

Comp.A.Nos. 359 & 360 of 2021

PRAYER IN C.A.Nos.359 & 360 of 2021: These applications are filed

under Order XIV Rule 8 of O.S. Rules r/w Rules 9, 11(B) of the Companies

(Court) Rules, 1959 praying to (a) set aside the auction sale notice dated

05.12.2021 with respect to the scheduled property belonging to the

Applicant, in the matter of M/s.Maxworth Orchards India Limited; (b) grant

stay of the sale notice dated 05.12.2021 with respect to the scheduled

property belonging to the Applicant, in the matter of M/s.Maxworth

Orchards India Limited.

Applicants

:

Mr.P.H.Arvindh Pandian

for Ms.Selvi George

Respondents

: Official Liquidator (R1)

Mr.H.Karthik Seshadri

for Mrs.Nagasaila Suresh,

Administrator (R2)

C O M M O N O R D E R

These applications were originally presented by the first applicant

claiming title to lands ad-measuring 28.11 acres (Disputed Land) in Survey

Nos.57/1A2, 57/1A3, 57/1B1B, 58/1, 58/2A, 58/2B, 58/5B, 59/2A1,

59/2A2, 59/3, 60/1, 60/2, 61/2A1D, 61/2B, 61/2C, 62/1A2, 62/1C1, 62/1C2,

62/1C3, 62/1C4, 62/1C5, 62/3, 62/4A1, 62/4A2, 62/4B, 76/2, 77/1, 77/2,

77/3, 78/1, 78/2, 227/2, 228/1A, 228/1C, 228/2A, 228/2C, 228/3, 228/4,

229/1A, 229/1C, 229/2A, 229/2B, 229/3, 230/1, 231/1A, 230/2, 231/2,

241/2, 241/3B, 242/1A and 242/1C, Nangaimozhi village, Tuticorin

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https://www.mhc.tn.gov.in/judis

Comp.A.Nos. 359 & 360 of 2021

Registration District, Udankudi Sub-registration District. In Company

Application No.359 of 2021, the applicant seeks to set aside the auction sale

notice dated 05.12.2021 (the Sale Notice) and in Company Application

No.360 of 2021, an interim stay of the auction sale is prayed for. Without

seeking an amendment, in the rejoinder and written submissions, the first

applicant included Survey Nos.56/2 and 56/3A and claimed title to 35.87

acres. Because the sale deeds that were relied on by the first applicant also

disclosed the names of purported co-owners (applicants 2-4 and the late

Mr.Sayed Abdul Kader), the purported co-owners and legal heirs of the late

Mr.Sayed Abdul Kader were impleaded as applicants 2-7 by order dated

07.06.2023 and provided an opportunity of being heard.

2. The applicants assert title to the schedule mentioned property

through the following two sale deeds executed by Indian Integrated Energy

Limited (IIEL) in favour of applicants 1-4 and the late Mr.Sayed Abdul

Kader: (i) sale deed bearing Document No.829 of 2013 dated 17.04.2013;

and (ii) sale deed bearing Document No.830 of 2013 dated 17.04.2013. The

applicants also rely on sale deed bearing Document No.1062 of 2013 dated

16.05.2013, which is in favour of the first applicant; and a fourth sale deed

bearing Document No.171 of 2014 dated 29.01.2014, which was executed

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https://www.mhc.tn.gov.in/judis

Comp.A.Nos