- (1.) While the company application C.A. No. 1000 of 2009 is by one K. Periasamy Gounder, seeking permission to get a transfer of 3 properties, one in Nariman Point, Mumbai, another in Tiruchirappalli and a third in Coimbatore, belonging to Kothari Industrial Corporation Ltd., which is the company sought to be wound up in CP. No. 51 of 2007, the other 2, applications, C.A. Nos. 1740 and 1741 of 2009 are by the petitioning creditor viz., Kotak Mahindra Bank Ltd., seeking (i) an interim injunction restraining the company-Kothari Industrial Corporation Ltd., from alienating, disposing of the shares of Glenworth Estate Ltd., and Adderley Estate Ltd., or in any manner encumbering its movable and immovable assets and (ii) a direction to the company not to place any agenda in the Annual General Body meeting, regarding the transfer of any of the fixed assets of the company to any third party.
(2.) I have heard Mr. P.L. Narayanan, learned counsel appearing for the petitioning creditor Kotak Mahindra Bank Ltd., Mr. T.K. Seshadri, learned senior counsel appearing for the Kothari Industrial Corporation Ltd., which is the company sought to be wound up, Mr. P.H. Arvind Pandian, learned counsel appearing for the third party prospective purchaser, who is the applicant in C.A. No. 1000 of 2009.
(3.) Though the application C.A.No. 1000 of 2009 filed by the agreement holder (prospective buyer) seeking permission to complete the deal relating to the purchase of 3 properties of the company in question, came up earlier for hearing and orders were reserved on 23/11/2009 and the other two applications filed by the petitioning creditor came up later, all of them are disposed of in common by this order, since the question for my decision arise out of the same set of facts. Pleadings and Prayer in C.A. No. 1000 of 2009:;