Devender Singh Rawat v. M/S Vian Infrastructure Ltd. and Ors.

1. Appellant impugns order dated 08.02.2024 whereby the application filed by the appellant being CO. APPL. 1895/2017 has been disposed of holding that since the appellant has already submitted a claim before the Official Liquidator and same has already been adjudicated, the appellant would be at liberty to file a statutory appeal.

2. Learned counsel for the appellant submits that the five parcels of land situated at village Bharapur, Mustakham Pargana & Tehsil Roorkee, District Haridwar were not owned by the company when company went into liquidation and have been sold to the appellant by one Mr. Sanjeev Malhotra much prior to the same by registered sale deed.

3. Learned counsel appearing for the Official Liquidator submits that at the time when the impugned order dated 08.02.2024 was passed, the claim of the appellant had been rejected because the appellant had not produced the relevant original documents. She submits that subsequently the Official Liquidator gave another opportunity on 18.08.2023 to all individuals whose claims had been rejected for non filing of original documents.

4. Accordingly, the impugned order dated 08.02.2204 qua the appellant passed in the CO.APP. 1895/2017 is set aside to the limited extent.

5. Learned counsel for the appellant submits that appellant may also have some more original documents which he could not trace out at that point and he would make an endeavour to trace out further original documents and produce the same before the Official Liquidator.

6. In view of the above, the appeal is disposed of giving an opportunity to the appellant to produce such other original documents including receipts that the appellant may have with the Official Liquidator within a period of two weeks from today.

7. In case appellant produces further original documents, the Official Liquidator shall consider the same in accordance with law.

SANJEEV SACHDEVA, J RAVINDER DUDEJA, J MARCH 19, 2024