The court held that res judicata applies, as the issues had attained finality in prior decisions, making further applications on the same matters impermissible.

17.10.2025 11.11.2025 CORAM THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR COMP.A No. 490 of 2015 and COMP.A No. 581 of 2023 in C.P.No.17 of 2004 The Official Liquidator High Court, Madras as the Liquidator of M/s.SIV Industries Ltd., (In Liquidation)

Applicant in Com.A.No.490 of 2015 M/s.Fairdeal Supplies Ltd (CIN U51909WB1987PLC097552)

a Public Limited Company, Rep. by its Managing Director Mr.PAWAN KUMAR AGARWAL (DIN.00060418), having its office at No.4, B.B.D.Bag (East), 5 Stephen House, 1st Floor, Kolkatta -700 001, West Bengal.

Applicant in Com.A.No.581 of 2023 Vs The Offical Liquidator, High Court, Madras As the liquidator of M/s. SIV Industries Ltd., (In Liquidation) Corporate Bhavan, 2nd Floor, No.29 Rajaji Salai, Chennai-01.

Respondent in Comp.A.No.581 of 2023 P RAYER in C OMP.A No. 490 of 2015 Application filed under Section 460(4) of the Companies Act, 1956 r/w. Rule 9, 11 (b) of Companies (Court) Rule, 1959, a) To take the report on record. b) To permit the Official Liquidator to sell the land admeasuring 7.40 Acres situated SIV Quarters Area, Sirumugai Village, Mettupalayam Taluk, Coimbatore District. c) Fix the upset price to be mentioned in the Auction sale notice as this Court deems fit and proper and to meet the charges from out of the funds of the company. d) Nominate/suggest the names of the news papers in which Auction sale notice has to be published and permit the Official Liquidator to meet the advertisement charges from and out of the funds of the company (e) approve the terms and conditions of Auction sale and sale notice to be published annexed with the report.

P RAYER in C OMP.A No. 581 of 2023 Application filed under Order XIV Rule 8 of O.S.Rules 1956 r/w. Section 9, 11(b) of the Companies (Court) Rules, 1959, to direct the Official Liquidator to sell 7.40 acres of land of the respondent company in S.F.Nos.38/2A2, 40/2C, 40/3B1B, 40/4, 40/5C2 and 40/6A of Sirumugai Village, Mettupalayam Taluk, Coimbatore District, to the Applicant herein at the price prevailing as on the date of the execution of the sale deed dated 11.05.2012 executed in favour of the applicant.

Applicant in Mr.Pola Raghunath Com.A.No.490 of 2015 : Official Liquidator Applicant in Mr.P.H.Aravind Pandian, Com.A.No.581 of 2023 : Senior counsel for Mr.M.Rosha Atiq COMMON ORDER In continuation and in conjunction with the earlier order passed by this Court on 19.09.2025, the present order is passed.

2.It is brought to the notice of this Court that pursuant to the above said order, paper advertisement was done.

3.Application in COMP.A No. 490 of 2015 has been filed to a) Take the report on record. b) Permit the Official Liquidator to sell the land admeasuring 7.40 Acres situated SIV Quarters Area, Sirumugai Village, Mettupalayam Taluk, Coimbatore District. c) Fix the upset price to be mentioned in the Auction sale notice as this Court deems fit and proper and to meet the charges from out of the funds of the company. d) Nominate/suggest the names of the news papers in which Auction sale notice has to be published and permit the Official Liquidator to meet the advertisement charges from and out of the funds of the company (e) approve the terms and conditions of Auction sale and sale notice to be published annexed with the report.

4.COMP.A.No.581 of 2023 has been filed to direct the Official Liquidator to sell 7.40 acres of land of the respondent company in S.F.Nos.38/2A2, 40/2C, 40/3B1B, 40/4, 40/5C2 and 40/6A of Sirumugai Village, Mettupalayam Taluk, Coimbatore District, to the Applicant herein at the price prevailing as on the date of the execution of the sale deed dated 11.05.2012 executed in favour of the applicant.

5.Mr.P.H.Aravind Pandian, learned Senior Counsel appearing for the applicant in COMP.A.No.581 of 2023 fairly submitted that the issue involved in the present app