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2018 (2) TMI 1420 - SC - Companies LawValuation of properties - company in liquidation - symbolic possession of the properties - Held that:- (i) The Official Liquidator, with the guidance of the Court Receiver and after obtaining appropriate directions from the learned Company Judge in consultation with Justice A.S. Oka, can go ahead to sell the movable properties and, thereafter, proceed to sell the immovable properties which find mention in paragraph (a) of the prayer clause. (ii) The amount spent by the Official Liquidator and the Court Receiver shall be reimbursed by the SEBI after getting approval from the learned Company Judge in consultation with Justice A.S. Oka and due intimation thereof shall be given to the contemnor. (iii) The symbolic possession of the properties of the Aamby Valley Limited taken by the Court Receiver, Bombay High Court from 11th to 14th December, 2017, stands confirmed. (iv) The Court Receiver is conferred with all the powers under the Code of Civil Procedure to deal with all the situations and events prevailing and occurring in Aamby Valley City on an almost daily basis and/or in relation to its properties so that the actions already taken and/or proposed to be taken are not impeded or obstructed in any manner by any person. (v) The Court Receiver is permitted to take such actions as may be necessary for compliance of the orders and directions passed by this Court in respect of movable and immovable properties situate in the Aamby Valley City and also appoint the Aamby Valley Group of Companies or any of them or any other agency as agents of the Court Receiver on terms and conditions to be determined by the Court Receiver. (vi) The Court Receiver is also authorized to engage and retain the services of existing professionals, including Advocates, Agencies, Architect, Chartered Accountants and Engineers to maintain Aamby Valley City and to ensure that no encroachments take place. (vii) It shall be the duty of the Court Receiver to see that the valuation of the properties does not reduce and the auction, as directed today, shall take place in a peaceful manner. The steps taken by the Court Receiver shall be put forth before the learned Company Judge, who shall take a decision in consultation with Justice A.S. Oka. (viii) As this Court is in seisin of the matter, no other court in the country shall entertain any litigation pertaining to Aamby Valley City. On a query being made, Mr. Khambatta, learned senior counsel, submitted that after due survey is made, the sale proceeding shall start and it may take approximately two months. Let the matter be listed at 3.00 p.m. on 19th April, 2018
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