High Court of Judicature at Allahabad
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In The Matter Of M/S Sakura Seimitsu Ltd. - COMPANY APPLICATION No. 15 of 1999  RD-AH 17443 (10 October 2006)
Court No. 30
COMPANY APPLICATION NO. 15 OF 1999
In the matter of
M/s Sakura Seimitsue (India) Limited (In Liquidation)
Hon'ble Sunil Ambwani, J.
1. Shri Anurag Khanna, appearing for PICUP, has filed an application supported by affidavit of U.K. Shukla, Assistant Manager (Law), PICUP Noida, praying for direction to CJM, Gautam Budh Nagar to proceed on day-to-day basis trial and evidence in respect of three injection moulding machines as well as wooden models on priority basis in Case Crime No. 22334 of 2004 and to direct the purchaser to preserve the three injections moulding machines and its wooden models till conclusion of the evidence. The Official Liquidator's report shows that on the deposit of entire bid amount, M/s Supermax Fincap Primate Limited 5182, IInd Floor Street Sultan Yar Khan Ballimaran Delhi-110006 was allowed to be handed over possession of the sold assets or its nominee on its request and to execute the sale certificate in its favour.
2. The minutes dated 19.9.2006 of handing over possession of the movable and immovable assets of the company (In Liq.) state in para 3 as follows;
"The wooden items and plant and machinery of wooden make" which were not for sale was left as it is and were given in supurdagi of the purchaser with the advise that the same shall be maintained as it is till the further order of the Court/Competent Authority. The officers of PICUP, Noida Shri Manoj Saxena, Deputy Manager Finance, Shri Nirmal Kumar, Deputy Manager (Technical), Shri U.K. Shukla, Assistant Manager (Legal) present along with the photographer. They further identified certain machinery which are required as evidence to be produced before trial court of Hon'ble CJM, Gautam Budh Nagar which were placed along with the other wooden plant and machinery etc on their request in a separate hall. List of said machines for evidence as prepared by PICUP is placed as Annexure III. PICUP requested to obtain photograph of the said machines and they were allowed to take the same. Purchaser has made a request to PICUP to make necessary arrangements for their preservation security and protection, till they are removed from the premises. The copy of request letter is enclosed as Annexure IV."
3. The minutes dated 19.9.2006, signed by Sanjay Bose; Mohd. Sajid; Shri Manoj Saxena; Gaurav Saraswat; Shri Nirmal Kumar; Shri U.K. Shukla; Shri Ramesh Chand and Kaleshwar, Security Guard, show that photograph of wooden models and the machinery identified by the PICUP was taken by PICUP and these machines were advised to be maintained, as it is, in a separate hall till further order of the court/competent authority.
4. In case the numbers of machinery, as claimed by the PICUP, have not been clearly photographed, the PICUP may move an application before the CJM, Allahabad, who will prepare fresh photographs to be taken by digital cameras to be submitted in his court along with negative and the affidavit of the photographs for identification of the machines. The trial has been sufficiently delayed. With the sale of assets, the purchaser cannot be directed to preserve the machines and the wooden models indefinitely. In the circumstances, let the trial proceed very expeditiously fixing dates not beyond one week and be concluded within three months.
5. With regard to statement of affairs, the Official Liquidator states that he does not have any record in his possession. Shri Rajendra Kumar Pandey representing Shri Rajeev Gupta states that the matter was fixed on 18.10.2006 but the date was wrongly transcribed as 8.10.2006.
6. Let the matter come up on 18.10.2006. Shri Rajeev Gupta, Ex Managing Director facing criminal charges and shown as Managing Director in the last balance sheet shall file the ''Statement of Affairs'. The office shall also give a report with regard to service of summons on the unserved Directors.
7. The Company Application filed by the PICUP is accordingly disposed of.
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