M N P M HOUSING COLONY RETIRED EMPLOYEES WELFARE ASSOCIATION (REGD) Vs. OFFICIAL LIQUIDATOR OF MANDYA NATIONAL PAPER MILLS LTD

JUDGEMENT

(1.) This Company Application has been filed by M.N.P.M. Housing Colony Retired Employees' Welfare Association (Regd.), a Society registered under The Karnataka Societies Registration Act, 1960 purportedly seeking the cancellation of the Sale Deed dated 28.11.2007, executed by the Official Liquidator representing the Company - The Mandya National Paper Mills Ltd., (in liquidation), a subsidiary of Hindustan Paper Corporation Ltd., a Government of India Enterprise, executed in favour of Respondent No.2 - Mrs.V.Sudhamani, W/o Mr.K.V.Manjunath on 28.11.2007 for the house built on site number 105/A measuring 27 feet by 38 feet in Survey Number 111 of Hulikere Village, (M.N.P.M Colony), Belagola Hobli, Srirangapatna Taluk, Mandya District.

(2.) The said house and site in question on site number 105/A was sold by the Official Liquidator in a Scheme framed for the said Company in liquidation for the ex-employees of the Company, who were in possession of respective houses and to regularize their title and possession over the said houses and site in question.

(3.) After about nine years of the said Sale Deed executed in favour of Respondent No.2 - Mrs.V.Sudhamani, the present applicant - Society has filed this Company Application No.720/2016 in Company Petition No.112/1994, challenging the said Sale Deed in this Court inter-alia on the ground that the said Respondent No.2 - Mrs.V.Sudhamani, was a minor at the time of alleged employment through a Contractor - S.A.Agency on 10.05.1999 and therefore, was not entitled to the said sale in her favour. Applicant - Society has also claimed that the site in question - 105/A was a vacant land and no house was constructed thereon and therefore, fabricating certain documents like her appointment letter, she got the said Sale Deed executed through the Official Liquidator representing the said Company in liquidation and since the respondent No.2 has abused the process of Court, the Sale Deed deserves to be set aside.