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2008 (3) TMI 470 - HIGH COURT OF PUNJAB AND HARYANAWinding up – resuming the property of the company is illegal and invalid - Held that:- Order dated May 16, 2005, passed by the Estate Officer, PUDA-respondent No. 3 resuming the property of the company is illegal and invalid having been passed without leave of the company court and shall be deemed to be void ab initio and non-est in the eyes of law. Respondent No. 3 cannot be permitted to implement the aforesaid order which has no legal existence. As a consequence of the above,direct respondent No. 2 to execute the necessary conveyance deed in favour of the applicant on the basis of the order dated April 20, 2006, passed by the company court. Since the official liquidator has categorically stated in his reply that the property is free hold property and it was only due to inadvertent mistake that it was notified as leasehold property, conveyance shall convey free hold and unencumbered rights to the applicant.
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