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2024 (4) TMI 1374

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....P.C. : The present Official Liquidator's Report (OLR) No. 46 of 2024 is filed for confirmation of sale of a plot belonging to the company in liquidation located in MIDC, Pimpri, Pune. By an order dated 19th January 2024, this Court had permitted sale of the property identified as Lot-II and fixed the reserved price at Rs. 9 crores. In pursuance thereof, e-auction of the said property was conducted on 19th March 2024. There were 22 bidders and 114 number of bids. Eventually, the highest bidder was Ashtech Toolings and Stampings Pvt. Ltd. The OLR seeks confirmation of sale in favour of the aforesaid highest bidder and to take further necessary action as per the terms and conditions of the sale. 2. Interim Application bearing (....

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....ention of this Court to a document at page No. 51 of the disposed of official liquidator's report, which records the fact that the physical possession of the said plot was taken as far back as on 23.06.2023 and that a board was installed on the wall of the building, with photographs of the same being annexed to the said document. 9. This Court is of the opinion that if the applicant claims rights on the basis of the aforesaid conveyance deed, it is difficult to understand as to what prevented the applicant from taking appropriate steps from 23.06.2023 onwards and even after this Court passed the said order on 19.01.2024. 10. The e-auction is fixed for tomorrow. At this stage, this Court is not inclined to pass any ord....

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....y official liquidator on 23rd June 2023. The board of official liquidator was installed. It is submitted that the statement made in the aforementioned alleged deed of conveyance regarding possession having been handed over to the applicant on the date of the deed of conveyance appears to be false. There is no reason why the applicant can claim that he was unaware about the possession having been taken by the liquidator and the company having gone into liquidation. 6. The learned counsel for the applicant in response submits that the document of deed of conveyance can be impounded by this Court and stamped in accordance with law. He further submits that although it is an unregistered document, an appropriate suit or proceeding can be init....

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....h proceeding, as may be available in law in respect of his grievance. 12. This Court has perused the e-auction summary. The contents thereof are sufficient to indicate that the sale deserves to be confirmed in favour of the highest bidder. 13. Accordingly, the OLR is allowed in terms of prayer clauses (a) and (b), which read as follows : "(a) In view of paragraph (7) supra, whether this Hon'ble Court may be pleased to confirm the sale in favour of highest bid of Rs. 23,58,00,000/- (Rupees Twenty Three Crores Fifty Eight Lakhs Only) of Astech Toolings and Stampings Private Limited in respect of the immovable property i.e. Plot No. FII/ 7, MIDC, Pimpri, Pune 411 018;Pimpri (b) In view of paragraph (8) supra, ....