TaxTMI 
TaxTMI 
TaxTMI 
2023 (1) TMI 554
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....tion:- "In view of the above facts and circumstances, it is humbly submitted and prayed that this Hon'ble Court may be pleased to allow this application and direct the Ld. Official Liquidator to transfer and register the said land admeasuring 0.900 Hectare situated at Gram Rao, Tehsil & District Indore bearing patwari halka No.27 Survey No.39/3 Gram Rau, Tehsil and district Indore in the name of the Applicant Firm as it has duly purchased and paid total sale consideration or said Mr. Jitendra Choudhary (to whom the said land stand sold by the Applicant Firm) in the interest of justice and for any other direction as may be deemed fit by this Hon'ble Court" 2] In sum and substance, the case of the applicant firm is that it was engaged in t....
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....icant firm to demonstrate that there were transactions of sale of goods and the company in liquidation was supplied the goods during the period from 2009 to 2012. 3] On the other hand, the aforesaid application is opposed by Shri Hitendra Mehta, learned counsel for the Official Liquidator (OL) and in addition to reply, two additional replies have also been filed. It is contended by Shri Mehta that the application is liable to be dismissed as being misconceived and made on the basis of bogus documents as the company went into liquidation only on 18/02/2016, and the OL has taken paper possession of the properties of the company on 21/12/2016 whereas the alleged transaction took place on 04/04/2012. It is further submitted that for the period....
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....Income Tax Department on 14/03/2016, wherein he has clearly stated that the company is the owner of the land in question and hence, the aforesaid land can be attached by the Income Tax Department. It is further submitted that one of the partners of Applicant firm M/s Allwin Industries, namely Praful Hardia is the ex-directors of Real Life, the company in liquidation and thus, it is sham transaction only to take undue advantage from this Court after a lapse of 6 years. 5] Shri Mehta has also submitted that in the resolution dated 03/04/2012 in which the company has agreed to transfer the land, although Praful Hardia is mentioned as the director of the company, however, he had already resigned on 15/12/2011 which also shows that it was a fak....
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....s, Indore has sold the said land and received an amount of Rs.62 Lakhs from the purchaser of the said land which clearly demonstrate that the land was actually purchased by the applicant firm, however, it is also admitted that subsequently after the company went into liquidation, the aforesaid agreement has been cancelled. Counsel has also submitted that the applicant firm cannot be held responsible for not keeping up to date ledger by the company in liquidation and non-compliance of s.192 , 211 or any other provisions of the Companies Act, 1956, whereas the applicant firm has produced the copies of ledger from 2009 to 2012 which clearly demonstrate that there was transaction between the applicant and the company in liquidation which is als....
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....ompany; whether such suit or proceeding has been instituted or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960]. (3) Any suit or proceeding by or against the company which is pending in any Court other than that in which the winding up of the company is proceeding may, notwithstanding anything contained in any other law for the time being in force, be transferred to and disposed of by that Court. [Nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the Supreme Court or a High Court]." (emphasis....