2006 (5) TMI 202

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....he Official Liquidator be directed to disclaim the said land under section 535 of the Companies Act and the amount so fixed by this court may be directed to be deposited by the applicant and further that the Official Liquidator be directed to transfer/assign the revisionary rights and other interests in the said land in favour of the applicant on the capitalised value so fixed by this court. The piece of land which is in possession of the applicant Podar Mills Ltd., belongs to the Jaipur Spinning and Weaving Mills Ltd. (the company in liquidation) which was ordered to be wound up by this court vide order dated 2-12-1983. After the winding up order all the properties of the company in liquidation shall be deemed to be in the custody of the c....

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....e dismissed in the absence of the leave obtained from the Bombay High Court. This court vide order dated 5-7-1991, allowed the Official Liquidator to implead the court receiver as party in the aforesaid application after obtaining leave from the Bombay High Court. The Official Liquidator through advocate filed application in the Bombay High Court and the same remained undecided and in the meantime the recovery suit came to be transferred to the Debts Recovery Tribunal-I, Mumbai. The Debts Recovery Tribunal vide order dated 22-11-2001, discharged the court receiver with a direction to hand over the possession to the applicant. The applicant in these circumstances filed this application for fixing the capitalised value of the land in question....