- (1.) These two Company Appeals have been filed by the State of Rajasthan under Sec. 483 of the Companies Act, 1956. The D.B. Civil Special Appeal (Company) No. 7/2012 has been preferred to set aside the order passed by the learned Single Judge (as Company Judge) on 27.7.2012, on an application of the Official Liquidator to M/s. Mewar Textile Mills Ltd., Bhilwara (in liquidation), appointed as Official Liquidator by learned Company Judge, to direct the Collector, Bhilwara to provide assistance in regard to measurement and identification of the land as per the revenue record (57 bighas 6 biswas), belonging to the Company (in liquidation), so as to enable him to hand over the possession to the auction purchaser M/s. Geetanjali Infosystems Private Limited, Udaipur in pursuance to the auction of the assets of the Company held by the Recovery Officer of the Debt Recovery Tribunal. The Official Liquidator had also prayed for a direction to the Bank of Rajasthan Limited, Bhilwara to provide the original Title Deeds of the land belonging to the company in liquidation, for executing conveyance deed; to direct the Police authorities and Collector, Bhilwara to provide necessary assistance to the Official Liquidator so as to maintain, law and order at the time of handing over actual possession to the Official Liquidator; to permit the Official Liquidator to get evaluation of the stores, spares and finished goods through approved valuer on panel of the Official Liquidator, so that steps may be taken with prior approval of the Court; to permit the Official Liquidator to shift the record and books of accounts from Bhilwara to Jaipur, after preparing inventory of the record along with valuable items and to permit him to keep possession of three sheds where the stores, spares and finished goods are to be kept till their disposal and the purchaser may be asked to extend cooperation in that regard. The application filed by the Official Liquidator was allowed on 27.7.2012 on the ground that once the Court has passed order on 23.2.2010 for handing over the actual possession of the premises to the auction purchaser, the Official Liquidator and all other authorities are required to comply with the directions. Observations were made by the Court for the District Collector, Bhilwara to arrange and provide assistance regarding measurement of the land so as to the enable him to hand over actual possession of the land to the auction purchaser. The Bank of Rajasthan was expected to provide original Title Deed of the land to the Official Liquidator for execution of Conveyance Deed in favour of the auction purchaser.
(2.) D.B. Civil Special Appeal (Company) No. 2/2013 has been filed against order dated 8.3.2013 by which learned Single Judge has dismissed an application filed by the State of Rajasthan to set aside the sale, conducted by the Recovery Officer, Debt Recovery Tribunal, Jaipur, of the assets of the company in liquidation, to satisfy the decrees passed by the Debt Recovery Tribunal in favour of the creditor-Banks as follows: "1) Bank of Rajasthan, for Rs. 2,86,03,682/- by decree dated 28.7.2003; 2) ICICI Bank for Rs. 71,11,769/- vide decree dated 4.8.2013; 3) Oriental Bank of Commerce for Rs. 2,38,49,084.75 vide decree dated 18.12.2002; 4) Union Bank of India for Rs. 3,11,11,574/-; 5) IDBI Bank for Rs. 2,25,18,514/-."
(3.) The application was rejected in view of the judgment of the Supreme Court in Allahabad Bank v. Canara Bank & Anr., 2000 AIR(SC) 1535 and in the case of Pravin Gada and Another v. Central Bank of India and Others, 2013 2 SCC 101.;