TMI Blog2008 (8) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... e property and no property is moved from the premises in question till it is put to sale.The Court Receiver shall also take steps in accordance with law if any property is found to be missing and pursue the matter with the concerned Police Station. The Official Liquidator of the Company shall fully co-operate with the Court Receiver of this Court and ensure compliance of the orders of the Court. - SUIT NO. 434 OF 2003 APPEAL (LODGING) NO. 375 OF 2008 COURT RECEIVER REPORT NO. 172 OF 2008 - - - Dated:- 29-8-2008 - SWATANTER KUMAR AND A.P. DESHPANDE, JJ. Gaurav Joshi and D.P. Desai for the Appellant. Birendra Saraf, Sachin Chandarana, Sheerish Oak and Ms. Priyanka Vegad for the Respondent. Devasis Mitra for the Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings of the Court Receiver. On 18-12-2007, the Court Receiver fixed an appointment at the site for verification and to comply with the directions contained in the order dated 29-11-2007. The Valuer wrote a letter to the Court Receiver informing him of his readiness to carry out the inventory subject to such a list of missing items being supplied to him prior to the visit. The Court Receiver referred the said letter to the Appellant. Finally, after this representative visited the suit site, the Court Receiver submitted his Report No. 172 of 2008 to the Court. In the Report, the Court Receiver gave various details and prayed before the Court and sought directions in regard to the following : ( a )That Shri Rasiklal S. Mardia, Ex-Chairman a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to the FIR alleged to have been registered with the Police Station. The Court also noticed that the earlier orders of the Court particularly that of 13-8-2004 had not been complied in entirety and the property need to be sold and directed "the Court Receiver shall forthwith proceed with the work of sale of all the units of the 1st Defendant-Company". The applicant-Appellant claims that he is aggrieved by the order dated 19-6-2008 and has filed the present Appeal against that order. 3. We may notice at the very outset that the very locus standi of the Appellant has been rightly questioned in the present Appeal. The Appellant is neither a party to the Suit nor has been ordered to be impleaded as a party in the proceedings before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Court in order to examine the prima facie case as well as to protect the interest of the Company as well as the Bank. 4. In the present Appeal, the Court Receiver has also filed a proposed schedule of the sale of the building, plant and machinery of the Company on as is where is basis. We have heard the learned Counsel appearing for the parties and we are of the considered view that the schedule submitted by the Court Receiver needs to be modified to a limited extent that the period of inspection of the plant should be over a larger period than specified. The schedule is thus specified as under : 7-9-2008 The advertisement in newspapers, viz., Economic Times (In English) and Gujarat Samachar (in Gujar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fort to confirm if there are any properties of the Company missing from the site in question by verifying the inventory already prepared. ( d )Strict arrangement shall be made henceforth by the concerned persons for employing stringent security to ensure that no damage is done to the property and no property is moved from the premises in question till it is put to sale. ( e )The Court Receiver shall also take steps in accordance with law if any property is found to be missing and pursue the matter with the concerned Police Station. ( f )The Official Liquidator of the Company shall fully co-operate with the Court Receiver of this Court and ensure compliance of the orders of the Court. 7. Appeal is disposed of accordingly. Parties t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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