2015 (6) TMI 1285

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....LE MR. JUSTICE ANAND BYRAREDDY FOR THE APPLICANT : BY SRI.P S MANJUNATH, ADV. FOR THE RESPONDENTS : BY SRI.K S MAHADEVAN, ADV. FOR OL, SRI V.B.SIDDARAMAIAH, ADV. FOR R3 ORDER The present application is filed in the following background:- M/s. Gangavathi Sugar Mills Limited was ordered to be wound up by order dated 31.01.2005. The Official Liquidator has taken over the assets of the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d of conveyance. In this regard, C.A.No.14/14 was filed before this Court which was allowed by order dated 28.2.2014. That order had been challenged in an appeal in OSA.No.24/14 which is pending before a Division Bench of this Court questioning the right of the applicant to have purchased the land in question. In the meanwhile, it is noticed that the third respondent which is a school, that is sai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... which it could continue to occupy the said extent of land. 2. On the other hand, the learned counsel for the applicant would point out that if the school had been established as part of the establishment of the company in liquidation, there cannot be any independent right claimed by the third respondent and the Official Liquidator in having taken over possession was required to rightfully hand....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....licant, the applicant would necessarily have to await the decision in that appeal. Therefore, if the school is indeed being run by the third respondent, it would not be fair to direct ejectment of the third respondent forthwith. The same could be postponed till such time the applicant obtains a confirmed order of sale in respect of the land and deed of conveyance in favour of the applicant. The th....