TMI Blog2023 (1) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Official Liquidator as also the rejoinder and photocopies of many documents have also been relied upon by the both the parties, whose veracity cannot be checked only on affidavits and arguments. In such circumstances, when various disputed questions of facts and laws are also involved, this court does not find it to be a fit case to decide in a summary manner, and thus, is of the considered opinion that the applicant firm can be asked to file a civil suit before the court of competent jurisdiction where the parties can lead evidence in support of their respective claims. Application allowed in part. - Comp No. 10 of 2015 - - - Dated:- 1-11-2022 - Subodh Abhyankar Judge For the Applicant : Shri B.M. Maheshwari, learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal life to the tune of Rs.2,48,34,500/-, however, as the Real Life was not in a position to pay its dues, in lieu of the same, the applicant entered into an agreement to purchase the immovable property of the Real Life company admeasuring 0.900 hectare situated at Gram Rau, Tehsil and District Indore bearing patwari halka No.27 Survey No.39/3, wherein an understanding was reached between the parties that the company in liquidation has received a sum of Rs.76 Lakhs in cash and the remaining sum of Rs.1.54 Crore would be adjusted towards the receivables against supplies of the material sold by the applicant company. In this regard, a resolution was also executed on 03/04/2012 by the Members of the Real Life the company in liquidation. The re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies (Court) Rules, 1959, and it has been stated by Shri Deepchand Dhakad and Amrat Soni when asked as to who are the creditors of the company and what exact amount is due to them and nature of transaction, upon which it has been replied by both of them that they are not aware and it is not in their knowledge regarding any creditor. It is also submitted by Shri Mehta that even otherwise, there is no such document on record which can be said to be an agreement of the aforesaid transaction which the applicant firm is claiming, and otherwise also, it is not registered as per Section 125 of the Companies Act. Thus, it is submitted that unless the claim is registered with the Registrar of Companies, no relief can be granted to the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d no authority to enter into the aforesaid transaction of the property of the company. 6] It is also submitted that there is no compliance of S.211 of the Companies Act, 1956 which provides for Form and contents of balance sheet and profit and loss account. It is further submitted that there is no registration of the alleged resolution of transfer of property of the Company as provided under S.192 of the Companies Act. Thus, it is submitted that the aforesaid resolution cannot be said to be a legal one on which this Court can act upon. It is also submitted that as according to the applicant firm, since the possession has also been taken, no stamp duty has been paid and as such, no relief can be granted to the applicant. Lastly it is subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advanced by the counsel for the rival parties, this court finds that the present application, for all the practical purposes, is an application filed u/s.446 of the Companies Act, 1956 . S.446 reads as under:- 446. Suits stayed on winding up order .-When a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending as the date of the winding up order, shall be proceeded with, against the company, except by leave of the Court and subject to such terms as the Court may impose. (2) The Court which is winding up the company shall, notwithstanding anything contained in any other law for the time being in force, have jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l suit for specific performance of a contract. A detailed reply and two additional replies have also been filed by the Official Liquidator as also the rejoinder and photocopies of many documents have also been relied upon by the both the parties, whose veracity cannot be checked only on affidavits and arguments. In such circumstances, when various disputed questions of facts and laws are also involved, this court does not find it to be a fit case to decide in a summary manner, and thus, is of the considered opinion that the applicant firm can be asked to file a civil suit before the court of competent jurisdiction where the parties can lead evidence in support of their respective claims. 12] Resultantly, the application IA No.2785/2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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