Back
2023 Supreme(Online)(Mad) 98051
MADRAS HIGH COURT
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
I.Selvam, S/o. I.Irudayam Nadar, – Appellant
Versus
The Official Liquidator, High Court, madras – Respondent
COMP.A/205/2022
Comp.A.No. 205 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Order reserved on
18.11.2022
Order pronounced on
13.02.2023
CORAM
The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY
Comp. A.No.205 of 2022
in
Comp.A.No.165 of 2022
in
Company Petition No.57 of 1998
1. I.Selvam
2. S.Selvi
...Applicants
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. Ms.D.Nagasaila Suresh
Administrator,
Maxworth Orchards(India) Limited,
(In Provisional Liquidation)
New No.14/1, old no.38/1,
Akbarabad second street,
Kodambakkam, Chennai – 600 024. ...Respondents
____
1/27
https://www.mhc.tn.gov.in/judis
Comp.A.No. 205 of 2022
PRAYER IN C.A.No.205 of 2022: This Application is filed under Order
XIV rule 8 of O.S. rules r/w section 460(6) of the Companies Act r/w rules
9, 11(b), 19 of the Companies (Court) Rules, 1959 praying to grant an order
of injunction restraining the 1st respondent, their officials, agents or servants
or any one claiming through from in any way proceeding with the auction
sale of the properties set forth in the schedule in the Judges summons,
pending disposal of the Company Application No.165 of 2022 and to pass
such further or other orders as this Hon'ble Court may deem fit and proper in
the circumstances of the case.
Applicants
:
Mr.K.V.Babu for
M/s.K.R.B.Dhaaranee &
R.Siddharth
Respondents
: Mr.Pamarthi Sridhar
Official Liquidator (R1)
Mr.H.Karthik Seshadri
for Mrs.Nagasaila Suresh,
Administrator (R2)
C O M M O N O R D E R
This company application is presented by persons claiming title to
lands ad-measuring 53 acres 82 cents at various survey numbers in
Keezhakadavetti village, Nanguneri Taluk, Tirunelveli District. They seek an
injunction restraining the 1st respondent from proceeding with the auction
sale pursuant to auction sale notice dated 05.05.2022 (the Sale Notice).
____
2/27
https://www.mhc.tn.gov.in/judis
Comp.A.No. 205 of 2022
2. In the affidavit in support of the application, the applicants
claim title under three sale deeds dated 26.09.2006, registered in the office
of the Sub-Registrar, Nanguneri, by which the lands were conveyed to them
by the alleged original owners, Mr.Paramasivan Reddiar, Mr.Alwar Reddiar,
Mr.Muthusamy Reddiar and Mr.Thothu @Perumal Reddiar (the Reddiar
family), who claim that they had inherited the property as ancestral property.
It was further stated therein that, by judgment and decree dated 24.02.2006
in O.S.No.502 of 2006, the Principal District Court in Nanguneri declared
that the Reddiar family were the joint and absolute owners of the property.
3. Learned counsel for the applicant, Mr.K.V.Babu, elaborated on
the title claim of the applicants through the sale deeds executed by the
Reddiar family. He stated that the Reddiar family executed the following
sale deeds on 26.09.2006: (i) sale deed in favour of the 2nd applicant under
Document No.3056/2006 for an extent of 47.22 acres of land in S.No.50 and
51/1; (ii) sale deed in favour of the 1st applicant under Document
No.3057/2006 for an extent of 27.56 acres of land in S.Nos. 53/1, 52/10,
40/4, 42/2, 43/3, 42/1, 42/4; and (iii) sale deed in favour of the brother of 1st
applicant, I.Jesuraja, under Document No.3058/2006 for an extent of 45.88
acres of land in S.No.40/2, 45/6, 48, 54, 55/2 and 56/4. It was also
____
3/27
https://www.mhc.tn.gov.in/judis
Comp.A.No. 205 of 2022
submitted that the 1st applicant's brother gifted the lands acquired by him
under Document No.3058/2006, by settlement deed dated 22.02.2008,
Document No.1255/2008, to the 1st applicant. Lea
