Comp.A.Nos.3 & 4 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on

16.09.2022

Order pronounced on

23.01.2023

CORAM

The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

Comp. A.Nos.3 & 4 of 2022

in

Comp.A.No.297 of 2021

in

Company Petition No.57 of 1998

Mr.Sankar Raman

... Applicant

(in both applications)

vs.

1.The Official Liquidator,

High Court, Madras

As Provisional Liquidator of

Maxworth Orchards (India) Limited,

High Court, Corporate Bhavan, 2^nd Floor,

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

(in Provisional Liquidation)

2.M/s.Maxworth Orchards (India) Limited

No.38/1, New No.14/1, Akbarabad Second Street,

Kodambakkam, Chennai – 600 001.

(Opposite to Mannah Hall)

Rep. by its Administrator Nagasaila ... Respondents

(in both applications)

_____________

Page No.1 of 21

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Comp.A.Nos.3 & 4 of 2022

PRAYER IN C.A.Nos.3 & 4 of 2022: This Application is filed under Order

XIV, Rule 8 of O.S. Rules 1956 r/w Sections 9, 11(b) of the Company Rules,

1959 praying to direct the Official Liquidator to exclude/delete the lands of

the Applicant in S.F.No.287/4 from the list of details of the property for sale,

i.e. Sl.No.99 – village Nagampatti – Project – MAX – NAGAMPATTI in

Tirunelveli HUB in the sale notice dated 03.12.2021, measuring to an extent

of about 3.27 acres in Nagampatti Village, Kayattar Taluk, Thoothukudi

District in the sale notice dated 03.12.2021 for auction to be held at

11.01.2022 or any other subsequent date issued in pursuance to the orders of

this Court in CA No.297 of 2021 in CP.No.57 of 1998.

Applicant

:

Mr.Silambanan, Senior Advocate,

for Mr.K.Sathish

Respondents

: Mr.Pamarthi Sridhar

Official Liquidator for R1

Mr.H.Karthik Seshadri

for Mrs.Nagasaila Suresh

for Administrator for R-2

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Page No.2 of 21

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

Comp.A.Nos.3 & 4 of 2022

C O M M O N O R D E R

These applications are presented by a person claiming title to lands

ad-measuring 3.27 acres in S.No.287/4A, at Nagampatti village, Kayattar

Taluk, Thoothukudi District.

2. In Company Application No.3 of 2022, an interim stay of the

auction sale is prayed for. In Company Application No.4 of 2022, the

applicant seeks a direction to exclude/delete the lands of the applicant in

S.F.No.287/4 from the sale notice. In support of the claim for title, the

applicant has placed on record the sale deed, patta and tax receipts.

3. Mr.Silambanan, learned senior counsel for the applicant,

submitted that the applicant traces his title by way of a registered sale deed

dated 22.01.2021 registered in the office of the Sub-Registrar, Kadambur,

vide Doc.No.85/2021 in Book No.1. He submitted that Mr.Manthiram

Chettiar was the original owner of the property in S.No.287/4 of an extent of

3 acres and 52 cents. It is submitted that he passed away on 20.09.2003 and

that the sale deed was executed by the surviving legal heirs of Mr.Manthiram

Chettiar, namely, Mrs.Muthulakshmi (daughter), Mr.M.Arunachalam (son),

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Page No.3 of 21

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Comp.A.Nos.3 & 4 of 2022

Mrs.Pushpam (daughter), Mrs.Indirani (daughter), Mr.Mariappan (son) and

Mrs.K.Parvathy (daughter-in-law and wife of Mr.Kannan (son), who passed

away on 19.08.2020). He further stated that the Encumbrance Certificate

dated 27.08.2014 did not reflect any encumbrance in the property of

Mr.Manthiram Chettiar, except to an extent of 25 cents of land which is in the

name of Mrs.B.Uma Maheswari.

4. In response to the applications, the learned Administrator filed a

common counter dated 27.01.2022. In the said counter, it was asserted that

the co