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B.I.F.R. versus M/S ELECTRA (INDIA) LTD.

High Court of Judicature at Allahabad

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B.I.F.R. v. M/S Electra (India) Ltd. - MISC. COMPANY APPLICATION No. 9 of 2000 [2006] RD-AH 7921 (19 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

In Chamber

MISC. COMPANY APPLICATION NO. 9 OF 2000

In the matter of: M/s Electra (India) Ltd. (In Liquidation)

Dated: 19.4.2006

Hon'ble Sunil Ambwani, J.

1. Present Shri Anjani Kumar  Misra, learned counsel for Official Liquidator; Shri S.K. Saxena, Official Liquidator; Shri J. Nagar for LIC; Shri Pushkar Mehrotra for M/s Agarwal & Associates, who have deposited entire bid amount and have been handed over possession of factory and land and Shri Ashutosh Vaish for PICUP. Shri K.L. Grover appearing for Punjab National Bank is not present. Shri S.K. Ahuja, the valuer is also present.

2. After confirmation of sale, M/s Agarwal & Associates represented by Shri Pushkar Mehrotra moved an application to deduct the value of the land as per actual area of the land available at the site and to return the proportionate amount. M/s Agarwal & Associate have deposited the entire bid amount subject to their  prayers in the application.

3. An enquiry was initiated by the Court to find out the exact measurement of the land available on the spot. Shri S.K. Ahuja, who  had carried out earlier valuation, was asked to submit a report.

4. Shri S.K. Ahuja in his second report submitted that he did not carry out the actual measurement on the previous occasions on account of the fact that there were bushes and water logging in the area and had calculated the area on the basis of the documents

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produced by the Bank. On actual measurements he found that in fact, 15993.74 sqmt.  is available as against 20609 sqmr. Shri S.K. Ahuja was issued a show cause notice as to why action be not taken against him for generating an incorrect report. He has submitted an explanation dated 3.4.2006 stating therein that at the time of taking over possession on 6.1.2004 the entire premises of  the EIL factory was not accessible due to water logging & growth of bushes and it was not possible to take actual  measurement of the land. He had on  the basis of title deeds and site plan, and the government approved and registered valuer's (Sri S.P. Bansal) report dated 16.3.1996 reported the area of land to be  20609 sqmt.  On 14.12.2005,  when he carried out fresh inspections and took  actual measurements, he was  asked by Agarwal & Associates and the representative of Official Liquidator not to measure the land,  which according to Shri Ahuja was very recently separated by brick masonry wall.  According to Shri Ahuja, representatives of Agarwal & Associates  and Official Liquidator directed him to measure only the area under the possession of the Official Liquidator,  and on this information and instructions, he re-measured the area and reported  the area to be 15993.74 sqmr. S.K. Ahuja  states that the proceedings before the BIFR also supports his stand in which the SBI has taken a stand  in its report dated 10.11.1999, para 24 page -5; "the possession of a portion of company premises was handed over to one of the friends of the main promoter (s) of EIL, inspite of serious objections voiced of the bank in consortium meetings."

5. On the first inspection and based on second report of the valuer the Court would have considered the prayers for Agarwal & Associates, to refund the proportionate land price. However, it appeared to the Court that there was something wrong, and thus Shri S.K. Ahuja was asked to submit explanation before the Court.  Shri Ahuja informed the Court that actual measurements of the area as

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worked out by him is still 20609,  and that about 5000 sqmt. has been occupied by the adjacent factory which claims to have purchased the area. Shri Pushkar Mehrotra and Official Liquidator have disputed his statement that they had stopped him to measure the entire land.

6. On these facts, the Court had directed the District Magistrate to get the area measured. It is reported that plot numbers which have been sent for verification by the District Magistrate are situate in village, which is far away from the factory.

7. Today when the matter was taken up, Shri Pushkar Mehrotra has modified his prayer  and states  on behalf of Agarwal & Associates that the process for delivery of possession and execution of sale deed in respect of entire land 20609 sqmr be initiated. This prayer has changed the entire complexion of the matter,  as both the Official Liquidator and valuer still insist that actual area of the factory site is 20609 sqmt.

8. Having heard all concerned, I direct the Official Liquidator to take over possession of the 4873.49 sqmt which is owned by the company (In Liquidation) and  is covered by a brick masonry clubbed with the adjoining factory. The valuer, the bank and the Official Liquidator have verified that this area belongs to the Company and was subject matter of advertisement inviting offers for sale. The District Magistrate and Senior Superintendent of Police will provide all help to the Official Liquidator to recover this area for being handed over to M/s Agarwal & Associates.

9. In view of the above, the  explanation of Shri S.K.Ahuja is found satisfactory and proceedings initiated against him are dropped. The Official Liquidator will continue to allot the work to him.

Dt. 19.4.2006

RKP/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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