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2025 Supreme(Online)(Tel) 70762

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
M/s. Sirsilk Limited ( In Liquidation) – Appellant
Versus
ndustrial Development Bank of India (IDBI) – Respondent
COMPA 82/2025



THE HON’BLE SRI JUSTICE K. LAKSHMAN COMPANY APPLICATION No. 82 of 2025 in COMPANY PETITION No.57 of 1999

ORDER:

Heard Mr.J.Srinadh Reddy, learned counsel for the Official Liquidator.

2. This Company Application is filed by the Official Liquidator under Section 457(1)(c) of the Companies Act, 1956 read with Rule 9 and 11(b) of the Companies (Court)

Rules, 1959.

3. In the affidavit filed in support of this application, it is stated that this Court by order, dated 26.04.2001 in Company Petition No.57 of 1999, ordered winding up of M/s. Sirsilk Limited and appointed the Official Liquidator as its Liquidator under the provisions of the Companies Act, 1956. It is also stated that pursuant to the above order, the Official Liquidator has taken possession of the properties of the company i.e., land and site development admeasuring Acs.48.23 guntas along with buildings and other civil works in Sy.Nos.228, 229 Part, 230 Part, 231, 235, 236, 237, 238 Part, 244, 245, 246 and 247, situated at Sirpur Kaghaznagar Village (erstwhile Kothapet) and Mandal, Asifabad District (erstwhile Adilabad District), Telangana State and as per the office records, the Company in liquidation has one secured creditor.

4. It is further stated that by order dated 17.03.2025, in CA.No.72 of 2025 this Court permitted the Official Liquidator to file an application for sale of the assets/properties of the Company (in Liqn.) i.e., land and site development admeasuring Acs.48.23 guntas along with buildings and other civil works in Sy.Nos.228, 229 Part, 230 Part, 231, 235, 236, 237, 238 Part, 244, 245, 246 and 247, situated at Sirpur Kaghaznagar Village (erstwhile Kothapet) and Mandal, Asifabad District (erstwhile Adilabad District), Telangana State.

5. It is further stated that in compliance of the direction of this Court in CA.No.47 of 2021, the Official Liquidator has collected the Valuation report from the Registrar of this Court, wherein it is stated that as per the available records, there is one secured creditor to the company (In Liqn.); that as per the Court order, the Asset Sale Committee was constituted comprising of Official Liqudator, Assistant Official Liquidatoer and Officers representing IDBI to discuss the modalities of sale of assets through e-auction and fixing of Reserve Price, EMD amount, Incremental bid amount, etc for sale of assets/properties of the company (in liqn.).

6. It is further stated that in the Asset Sale Committee meeting held on 15.05.2025, it was observed that as per the valuation report received from the Registry, M/s. N&N Engineering Associates, Valuer for Factory Land & Site Development and Buildings and other civil works, has given valuation report for the immovable property i.e., land and site development admeasuring Acs.48.23 guntas along with buildings and other civil works in Sy.Nos.228, 229 Part, 230 Part, 231, 235, 236, 237, 238 Part, 244, 245, 246 and 247, situated at Sirpur Kaghaznagar Village (erstwhile Kothapet) and Mandal, Asifabad District (erstwhile Adilabad District), Telangana State.

7. It is further stated that the Asset Sale Committee after due discussion suggested to sale the above assets/properties of company (in Liqn) in single (1) lot through e-auction on ‘AS IS WHERE IS AND WHATSOEVER THERE IS BASIS” by fixing the Reserve Price and EMD @10% of Reserve Price and incremental bid amount as decided in the Asset Sale Committee meeting held on 15.05.2025 and after due discussion, it was decided unanimously in Assets Sale Committee meeting that the Reserve Price for sale of above assets/properties shall be the Realizable Value of the assets as per the Valuation Report, and further the reserve price, earnest money deposit (EMD), incremental Bid amount for entire assets/properties of the company (in Liqn) as decided by the Asset Sale Committee are shown in the tabular form as detailed in the affidavit.

8. It is further stated that the Asset Sale Committee proposed for publication of e-auction Sale Notice for sale of the sub

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