2023:MHC:5008 IN THE HIGH COURT OF JUDICATURE AT MADRAS Order reserved on 28.06.2023 Order pronounced on 08.11.2023 CORAM The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY Comp. A.Nos.281 & 282 of 2022 in Comp.A.No.148 of 2022 in Company Petition No.57 of 1998 K.L.Mibin Antony Raj ... Applicant (in both applications)

vs.

1.The Official Liquidator, High Court, Madras, As Provisional Liquidator of Maxworth Orchards (India) Limited, High Court, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai – 600 001.

(In Provisional Liquidation).

2. Maxworth Orchards (India) Ltd, No.1A, Akbarabad First Street, Kodambakkam, Chennai – 600 024.

Represented by its Administrator, Ms.D.Nagasila Suresh ... Respondents (in both applications)

Prayer in Comp.A.No. 281 of 2022: This Application is filed under Order XIV rule 8 of O.S. rules read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959 praying that the court may be pleased to stay all further proceedings pursuant to the auction sale held on 16.06.2022 in respect of the properties bearing S.No.s 289/1, 289/2, 289/3, 289/4, 289/5, 289/6, 289/7, 289/8 (Clubbed as 289/7A), 288/5 and 288/6 in all measuring an extent of 3.93 acres together with well and 3HP motor service connection in SC No. 877 (Now SC No.126) in Vallipuram Village, Chengalpattu Taluk, Chengalpattu District, pending disposal of the above company application.

Prayer in Comp.A.No. 282 of 2022: This Application is filed under Order XIV rule 8 of O.S. rules read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959 praying to set aside the auction sale held on 16.06.2022 in respect of the properties bearing S.Nos.289/1, 289/2, 29/3, 289/4, 289/5, 289/6, 289/7, 289/8 (Clubbed as 289/7A), 288/5 and 288/6 belonging to the applicant.

Applicant : Mr. C.Jagadish Mr. N.C.Ashok Kumar Respondents : Mr.N.Keerthi Thej, Deputy Official Liquidator for R1 Mr.H.Karthik Seshadri for Mrs.Nagasaila Suresh, Administrator for R-2

C O M M O N O R D E R

These applications are presented by a person claiming title to the land ad-measuring 3.93 acres in S.Nos.289/1, 289/2, 289/3, 289/4, 289/5, 289/6, 289/7, 289/8 (clubbed as 289/7A), 288/5 and 288/6, together with well and 3HP motor service connection in S.C.No.877 (Now S.C.No.126), at Vallipuram village, Chengalpattu Taluk, Chengalpattu District. In Company Application No.281 of 2022, the applicant seeks to stay all further proceedings pursuant to the auction sale held on 16.06.2022 in respect of the aforesaid properties and in Company Application No.282 of 2022, the applicant prays to set aside the auction sale in respect of the aforesaid properties.

2. As regards S.No.288/5, 289/1, 289/2, 289/3, 289/4, 289/5, 289/6, 289/7, 289/8 (clubbed as 289/7A), the applicant traces his title from a Settlement Deed dated 05.04.1973 executed by V.N.Subbarayan in favor of three minors, namely, N.P.Meena, N.P.Chithra & N.P.Vanitha. One of the beneficiaries, Vanitha, executed a sale deed dated 29.07.2016 in favor of N.Reddappa Reddy. N.Reddappa Reddy died on 13.03.2019 and his legal heirs executed a sale deed dated 02.12.2019 for a sale consideration of Rs.6,91,440/- in favor of K.Madhubala.

3. With regard to S.No.288/6, the legal heirs of the original owner, S.Ramakrishnan, executed a sale deed dated 06.05.2016 in favor of K.Elamvazhuthi, who, in turn, executed a sale deed dated 29.07.2016 in favour of N.Reddappa Reddy. N.Reddappa Reddy's legal heirs executed another sale deed dated 02.12.2019 for a sale consideration of Rs.14,77,050/- in favor of K.Madhubala.

4. Thereafter, the applicant claims title over all the aforesaid survey numbers (the disputed property) under a sale deed dated

28.04.2022 executed by K.Madhubala, vide Doc.No.2227 of 2022.

5. In response to the applications, learned Administrator filed a common counter on behalf of the Official Liquidator. In the counter, it was asserted that Maxworth Orchards (India) Ltd (the Company) had acquired 94.96 acres of land in Vallipuram Village (the Max- Chenglepu