ORDER (ORAL) 1. This company appeal under section 483 of the Companies Act, 1956 filed by the appellant-M/s. Korba Metals & Conductors Private Limited arises out of an order of the learned Company Judge of this Bench dated 29.10.2010 passed in I.A. No. 12545/2010, rejecting its application for directions to official liquidator to execute the sale-deed of the property in question being Lot. No. 01 in favour of its nominee-M/s. Sagar Dwellings Private Limited. The appellant admittedly was an auction purchaser of the property in question being Lot No.01 and the sale in its favour was confirmed by the Hon'ble Company Judge. After the sale was confirmed in favour of the appellant (auction purchaser), the appellant wanted sale-deed of the property in question to be executed in favour of its nominee-M/s. Sagar Dwellings Private Limited for which he filed an application being I.A No. 12545/2010 and the same has been dismissed by the Company Judge vide order impugned in the present appeal. 2. Mr. Kishore Shrivastava, learned Senior counsel appearing on behalf of the appellant has relied upon provisions contained in Rules 272 and 273 of the Company Court Rules, 1959, which are extracted below : "Rule 272 : - Sale to be subject to sanction and to confirmation by Court unless the Court otherwise orders, no property belonging to a Company which is being wound up by the Court shall be sold by the Official Liquidator without the previous sanction of Court, and every sale shall be subject to confirn1ation by the Court. Rule 273 : Procedure at Sale :- Every sale shall be held by the Official Liquidator, or, if the judge shall so direct, by an agent or an auctioneer approved by the Court, and subject to such terms and conditions, if any, as may be approved by the Court. All sales shall be made by public auction or by inviting sealed tenders or in such manner as the judge may direct." 3. All sales shall be made by public auction or by inviting sealed tenders or in such manner as the judge may direct." 3. The learned senior counsel for the appellant has also drawn attention pf this Court to a Division Bench judgment of Indore Bench passed in Company Appeal No. 03/2004 decided on 21.7.2006 (M/s. Raj Enterprises v. M/s. Sul India Limited), wherein the Division Bench relying upon two judgment of the Bombay High Court, one of the Division Bench and another of the Single Bench in cases namely (i) Rahimtulla v. Official Assignee, reported as AIR 1935 Bombay 340 and (ii) Ganpati Manja Hegade v. Subrya Rayappa Shetti and others, reported as AIR 1936 Bombay 137 has held that the sale-deed of the property of the company in liquidation can be executed at the behest of the auction purchaser in favour of its nominee and the Company Judge cannot deny execution of the sale-deed in favour of the nominee, if a request for the same is made. In fact, the official liquidator had filed a reply before the Company Judge to I.A No. 12545/2010. The reply of the official liquidator isAnnexureA/7, at page 43 of the paper book. The official liquidator in his reply has also referred to and relied upon the same judgment of the Division Bench of the Indore Bench in Raj Enterprises v. M/s. Sul India Limited referred above. The relevant portion of the reply of the official liquidator contained in paragraph 5 is extracted below: "5. The Hon'ble High Court of Madhya Pradesh Indore Bench vide its order dated 21.7.2008 passed in I.A No. 4860/2008 in Company Petition No. 02/2001 filed by the successful auction purchaser M/s. Shri Sumati Agro & Refinary Pvt. Limited for execution of sale deed in favour of its nominee Mis. Urban Development Traders Limited has allowed application, considering an order passed by the Division Bench of Indore High Court in Company Appeal No. 03/2004 dated 21.7.2006, which has held that such a direction can be given. The said application was allowed with direction to the Official Liquidator to execute the sale deed of the property in favour of the successful bidder's nominee. Copy of the order dated 21.7.2008 is enclosed and marked as Annexure "A". 4. The said application was allowed with direction to the Official Liquidator to execute the sale deed of the property in favour of the successful bidder's nominee. Copy of the order dated 21.7.2008 is enclosed and marked as Annexure "A". 4. Having regard to the fact that there was no clause in the tender document pursuant to which the appellant had participated in the auction bid prohibiting execution of the sale-deed in favour of the auction purchaser's nominee and also having regard to the reply of the official liquidator and the law laid down by the Division Bench in M/s. Raj Enerprises (supra), we are of the opinion that the impugned order passed by the Company Judge cannot be sustained in law and needs to be set aside. The appellant being the auction purchaser is held entitled for execution of sale-deed of the property in question in favour of its nominee- M/s. Sagar Dwelling Private Limited in accordance with law. 5. In view of the foregoing, we allow this appeal, set aside the impugned order dated 29.10.2010 passed in I.A No. 12545/2010 by the Company Judge. The Official liquidator is directed to execute the sale deed of the property in question being Lot No.1 in favour of appellant's nominee-M/s. Sagar Dwelling Private Limited in accordance with rules. This appeal stands disposed of.