Comp.A.Nos.301 & 302 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on

30.09.2022

Order pronounced on

23.01.2023

CORAM

The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

Comp. A.Nos. 301 & 302 of 2021

in

Comp. A.Nos. 579 to 584 of 2013

in

Company Petition No.57 of 1998

1.Smt. Madhamma

2.Smt.Thonna Muniamma

3.Shri. Narayanappa ... Applicants

(in both applications)

vs.

1.The Official Liquidator,

High Court, Madras

As Provisional Liquidator of

M/s.Maxworth Orchards (India) Limited,

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

2.Mrs. Nagasaila Suresh

Administrator of M/s.Maxworth Orchards (India) Limited

(In Liquidation)

New No.14/1, Old No.38/1,

Akbarabad Second Street,

Kodambakkam, Chennai – 600 001.

3.R.Dinesh

4.Mr.Varadappa ... Respondents

(in both applications)

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Comp.A.Nos.301 & 302 of 2022

PRAYER IN C.A.Nos.301 & 302 of 2021: This Application is filed under

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

Rules, 1959 praying to set aside/cancel the sale dated 07.08.2017 vide

Document No.3023 of 2017 at SRO, Soolagiri, Krishnagiri District,

executed by the first respondent, in his capacity as the provisional liquidator

of the M/s.Maxworth Orchards India Limited, the respondent in the

company petition, in favour of the third respondent, in so far as the

properties measuring an extent of 3.5445 acres in Survey Nos.157/2B and

0.2594 acres in Survey No.157/2A, totally 3.80 acres, in Seluvandoddi

Village, Hosur Taluk, Krishnagiri District, being the item Nos.25 and 26 of

the schedule thereof based on the order dated 16.12.2013 passed by this

Court in CA.No.579 to 584 of 2013 in CP.No.57 of 1998.

Applicants

:

Mr.R.Selvakumar

Mr.M.Marudhachalam

Respondents

: Mr.Pamarthi Sridhar

Official Liquidator for R1

Mrs.Nagasaila Suresh

for Administrator for R-2

C O M M O N O R D E R

These applications are presented by applicants claiming title to

lands ad-measuring 3.5445 acres in Survey No.157/2B and 0.2594 acres in

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Comp.A.Nos.301 & 302 of 2022

Survey No.157/2A, at Seluvandoddi Village, Hosur Taluk, Krishnagiri

District.

2. In Company Application No.301 of 2021, the applicant seeks

to set aside or cancel the sale deed dated 07.08.2017 bearing Document

No.3023 of 2017 pertaining to the lands measuring an extent of 3.5445

acres in Survey No.157/2B and 0.2594 acres in Survey No.157/2A at

Seluvandoddi Village, Hosur Taluk, Krishnagiri District. In Company

Application No.302 of 2021, an interim injunction restraining the third

Respondent from disturbing the applicant's peaceful possession and

enjoyment of the properties is prayed for.

3. Oral submissions on behalf of the applicants were addressed by

Mr.R.Selvakumar, learned counsel, and by Mrs.Nagasaila Suresh, learned

Administrator, and Mr. Pamarthi Sridhar, Official Liquidator.

4. Learned counsel for the applicant submitted that the applicants

trace their title from their father, Mr.Varadappa Naidu, son of Munusamy

Naidu, who acquired the disputed aggregate extent of 3.80 acres by way of a

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Page No.3 of 14

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Comp.A.Nos.301 & 302 of 2022

Release Deed (Document No.1761 of 1978) dated 14.06.1978. He

submitted that Mr.Varadappa Naidu was in possession of the property till his

death on 15.08.1994.

5. Learned counsel next contended that the applicants' deceased

father did not execute the General Power of Attorney (GPA) dated

17.02.1995, Document No.