D R SANGHVI AND CO AHMEDABAD Vs. VIRAT APARTMENT CO OP HOUSING SOCIETY LIMITED SURAT
LAWS(GJH)-1988-4-4
HIGH COURT OF GUJARAT
Decided on April 08,1988

D.R.SANGHVI AND COMPANY, AHMEDABAD Appellant
VERSUS
VIRAT APARTMENT CO OPERATIVE HOUSING SOCIETY LIMITED,SURAT Respondents


Referred Judgements :-

LEON V. YORK-C-MATIC LTD. AND ORS. [REFERRED]
NAVALKHA AND SONS VS. RAMANYA DAS [REFERRED]


JUDGEMENT

P.R.GOKULAKRISHNAN - (1.)All these appeals are filed by different parties who are aggrieved by the orders passed in Company Petition No. 137 of 1985 on 18/02/1988 and 2/03/1988 With the consent of the parties they are fully board and disposed of finally. All appeals are admitted and respective Counsel waives service for his respective client in all the appeals.
(2.)The facts of the case to appreciate the contentions of the respective parties are as follows:
" One Swashraya Benefit Private Limited came into liquidation. In the winding up proceeding its property namely northern wing of the building known as Virat Apartment situated in Diwali Baug Athwa Lines Surat was sought to be sold. The Official Liquidator as per the direction of the Court inserted advertisements in various newspapers calling for others to purchase this Virat Apartment. Pursuant to the said advertisements the appellants made their offers in writing to purchase the said property. Even though the matter was placed before the learned Company Judge on different dates most of the appellants herein were not informed of the said dates of hearing. Ultimately the matter was placed before D. C. Gheewala J. on 23-7-1987 and the learned Judge by his order dated 23-7-1987 held that the offers other than that of the Virat Apartment Co-operative Housing Society Limited were conditional offers and were therefore not acceptable and that the raised offer as suggested by the Court raising the offer from Rs. 91 0 1 to Rs. 1 3 25 1 made by the Society should be accepted. Two of the appellants herein by name Ambition and Ravi Enterprises Surat filed O. J. Appeals Nos. 17 and 18 of 1987 before the Bench of this High Court. The Bench of this High Court by its order dated 18/09/1987 without observing anything on the merits and acceptability of the offers made by the parties concerned placed the matter again before the learned single Judge as the order was passed in absence of sod without any notice to the appellants to consider the offers of the appellants and also of the Society and pass appropriate order after taking into consideration various objections put forth by the appellants and also the respondents herein.

(3.)On 18-2-1988 the learned single Judge directed the Official Liquidator to file a short summary along wish an affidavit and the copy of the plaint of the suit which has been filed by the Official Liquidator against the Society. A copy of the agreement also shall be filed by Mr. G. N. Shah (Advocate of the Official Liquidator) in order to enable the bidders to know as to what they are purchasing and the property which they are purchasing is subject to what cloud. For that purpose the matter was allowed to stand over till 2/03/1988 By the same order the learned Company Judge directed (1) Virat Co-operative Housing Society Ltd. Surat (2) Ambition Surat (3) Ravi Enterprises Surat (4) . Jamnadas dc Company Surat (5) D. R. Sanghvi & Co. Ahmedabad and (6) AARCEE Textiles Ahmedabad to deposit Rs. 10 0 0 each on or before 2/03/1988 by way of demand draft. Again the matter came up before the learned Company Judge on 2/03/1988 On that day the learned Advocate for the Official Liquidator asked for time to enable him to file documents as directed by the order of the Court. The Company Ambition which is the appellant in O. J. Appeal No. 4 of 1988 and others according to the appellants herein asked some time to tender a demand draft for Rs. 10 0 0 The Society tendered demand draft as ordered earlier by the learned Company Judge. The appellant in O. J. Appeal No. 4 of 1988 since it had only account payee cheque for the said amount on that day requested some time to tender the demand draft for Rs. 10 0 0 Some of the tenderers tendered bank cheques instead of demand drafts. The learned Company Judge after accepting the request of the Advocate for the Official Liquidator to file documents on 9/03/1983 rejected the prayer of the appellants to grant them some time to tender demand draft. It is against these orders of the learned single Judge whereby the learned single Judge directed the deposit of Rs. 10 0 0 each on or before 2/03/1988 by way of demand draft and refusing to grant time for depositing the said sum of Rs. 10.00 0 beyond 2/03/1988 the above said appeals have been filed.
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