I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

Civil Writ Petition No.14860 of 2013 (O&M)

DATE OF DECI SI ON: 15.07.2013

M/ s SPA Infrastructure Pvt. Ltd.

…..Petitioner

versus

IFCI Limited and others

.....Respondents

CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE

HON’BLE MR. JUSTI CE AUGUSTI NE GEORGE MASI H, JUDGE

Present:

Mr.Anand Chhibbar, Senior Advocate with

Mr.Ranjit Chawla, Advocate for the petitioner

..

SANJAY KI SHAN KAUL, CHI EF JUSTI CE: (Oral)

The allegation of the petitioner is that the petitioner having

succeeded as an auction purchaser, the Division Bench having held that

the borrowing Company was never in liquidation and, thus, the Official

Liquidator could not have taken possession, all dues having been cleared

of the creditor, the possession has still not been handed over by the

Official Liquidator to the petitioner. It is not disputed that the Official

Liquidator is under the supervision of the Company Judge. The effective

grievance is that the Official Liquidator not having a role to play cannot

retain and should hand over the possession to the auctio