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2004 DIGILAW 662 (GUJ)

AKSHAR CORPORATION v. VIVEKANAND MILLS LTD

2004-09-29

K.M.MEHTA

body2004
K. M. MEHTA, J. ( 1 ) M/s. Akshar Corporation (applicant) has taken out Judges Summons with a prayer that this Court may review or recall the orders dated 26th December 2003 and 17th January 2004 passed by this Court. This Court in those orders was pleased to confirm the sale of the land in question of M/s. Vivekanand Mills Ltd. (in liquidation) for an amount of Rs. 2 crores in favour of M/s. Khemaji Jodhaji and Brothers (respondent No. 3 herein ). The applicant is ready and willing to pay Rs. 20 lakhs more than the aforesaid offer (i. e. Rs. 2 crores 20 lakhs) made by the respondent No. 3. ( 2 ) FACTS2. 1 shree Vivekanand Mills Limited was a Company incorporated and registered under the provisions of the Companies Act. The same mill was closed on 31. 3. 1987. This Court had passed a winding up order dated 22. 11. 1991 in Company Petition No. 37 of 1987. The Official Liquidator took the possession of the property in question in 1992. 2. 2. Situation and description of the property of the Company in liquidation are as under:2. 3 there is a property known as Vivekanand Mills property situated in T. P. Scheme No. 11 of Final Plot No. 39 which abuts on the main Rakhial road which is a major route both for intercity and intracity public transport. This final plot is in the general industrial zone of the development plan of the Ahmedabad Municipal Corporation and is located at about a kilometer away on the east of the walled city of Ahmedabad. The land is also situated near Raipur Mills and Ramkrishna Mills (all these textile mills are closed down and their buildings and machineries are sold and are cleared off the site ). This property is known as property in question. 2. 4 the details of the vacant land of the company (in liquidation) are as under: