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2005 DIGILAW 1670 (SC)

Delhi Development Authority v. Skipper Construction

2005-10-19

H.K.SEMA, RUMA PAL

body2005
ORDER : Ruma Pal, H.K. Sema, JJ. IA Nos. 117 & 118 Applications are allowed. IA No. 111 2. Skipper Builders Pvt. Ltd. which has sold the flats to the applicants in this case is in liquidation. The proceedings relating to its liquidation are before the Delhi High Court. The Official Liquidator who has been appointed over the assets of the Company has not taken possession of the assets of Skipper Builders Pvt. Ltd. because of an order of attachment passed by this Court. 3. In view of the liquidation proceedings now being carried out, we lift the attachment in so far as it relates to the properties of Skipper Builders Pvt. Ltd. (in liquidation). The properties will now, in terms of the Companies Act 1956, vest in the Official Liquidator. Till the Official Liquidator takes physical possession of the properties of the Company in Liquidation, the properties shall stand attached in favour of the Official Liquidator. 4. All further proceedings relating to the distribution of the assets of the Company in liquidation shall be disposed of by the Delhi High Court. As far as this Court is concerned, no further order is necessary. IA Nos. 67.95 and 106 5. This relates to Technology Park, Greater Noida. Out of 1156 claimants before the Justice Bahri Commission, 674 persons had sought refund and 482 persons had sought allotment. These I.As. Are adjourned for fifteen days. IA Nos. 114 & 115 6. These applications are dismissed as withdrawn. IA Nos. 104, 107, 110 and 116 7. Adjourned for fifteen days. IA No. 108 8. This application is dismissed as infructuous. Let the letter of the Claims' Commissioner dated 15.10.2005 is taken on record. The Registry to make available a sum of rupees five lakhs out of the amount deposited in connection with this matter to the Claims Commissioner who will take the sum as on account of payment in order to meet the necessary expenditure for setting up the infrastructure. SLP(C)No. 27136/2004 9. Application for impleading the Official Liquidator to the special leave petition and for directing issuance of notice to the Company Liquidation through impleaded party is allowed. Copy of the petition be served on the Official Liquidator.