Comp.A.Nos.5 & 6 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on

20.07.2022

Order pronounced on

19.10.2022

CORAM

The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

Comp. A.Nos.5 & 6 of 2022

in

Comp.A.No.297 of 2021

in

Company Petition No.57 of 1998

S.Dhanaraj

... 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.Ms.D.Nagasila Suresh

Administrator of Maxworth Orchards(India) Limited,

(In Provisional Liquidation)

No.1A, Akbarabad First Street,

Kodambakkam, Chennai – 600 024. ... Respondents

(in both applications)

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Page No.1 of 10

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

Comp.A.Nos.5 & 6 of 2022

PRAYER IN C.A.Nos.5 & 6 of 2022: This Application is filed under Order

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

Rules, 1959 praying to set aside the auction sale notice dated 03.12.2021

issued by the respondent in so far as it relates to land admeasuring 2.49

acres comprised in S.No.80/5 and 8.23 acres comprised in S.No.81/5, Sub

Division S.No.81/5B, in all admeasuring a total extent of 10.72 acres,

situate in Ezhuvaraimukki Village and Panchayat, Sattankulam Taluk,

Tuticorin District belonging to the applicant; (b) grant stay of the impugned

auction sale notice dated 03.12.2021 issued by the respondent and all

proceedings pursuant thereto in so far as it relates to land admeasuring 2.49

acres comprised in S.No.80/5 and 8.23 acres comprised in S.No.81/5, sub-

division S.No.81/5B, in all ad-measuring a total extent of 10.72 acres,

situate in Ezhuvaraimukki Village and Panchayat, Sattankulam Taluk,

Tuticorin District, pending disposal of the application for set aside.

Applicants

:

Mr.Madhan Babu

for M/s.R.Parthasarathy

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 10

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Comp.A.Nos.5 & 6 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 2.49 acres in S.No.80/5 and 8.23 acres in S.No.81/5B, at

Ezhuvaraimukki village and Panchayat, Sattankulam Taluk, Tuticorin

District.

2. In Company Application No.5 of 2022, the applicant seeks to

set aside the auction sale notice dated 03.12.2021 and in Company

Application No.6 of 2022, an interim stay of the auction sale is prayed for.

In support of the claim for title, the applicant has placed on record two

volumes of documents.

3. Learned counsel for the applicant, Mr.Madhan Babu, submitted

that the applicant traces title from his ancestor, Mr.Renganatha Pillai. He

submitted that Mr.Renganatha Pillai was the original owner of the property

and that his daughter, Thiruvenkadathammal, executed a deed of surrender

dated 24.06.1955, which was registered as Document No.1726/1955 in

favour of her adopted sons, Thiruparkadal Natha Pillai and T.K.Ramanujam

Kavirajar. The applicant's predecessor in title, T.R.Kallapiran, was the

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Page No.3 of 10

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

Comp.A.Nos.5 & 6 of 2022

beneficiary of a registered Will dated 05.11.1982 bearing Document

No.50/1982. Thereafter, a sale agreement was executed by D.Langston in

favour of T.R.Kallapiran, Periya Thiruvadi Pillai, T.Kallapiran and

G.Parvathi. The said persons executed sale deeds in favour of the applicant

under Document No.858/2021 and another document pending registration.

Learned counsel also relied upon the pattas