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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, 2^nd 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)

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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

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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

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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 anothe