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sanjay haritwal (prop)     06 February 2021

Action against property in possession of official liquidator

 

My client is a society, wherein a company owns about 10 shops 

the company has been in liquidation for last more the 22 years, and the shops have been sealed by the Official Liquidator  

The liquidator has also not bothered to pay the society maintenance dues as a result a huge sum remains outstanding

Now since the Property tax has not been paid for these shops, the BMC threatens to disconnect the water connection 

the society needs remedy to claim and recover the outstanding dues on account of the said shops

CAN THE SOCIETY OBTAIN RECOVERY CERTIFICATE FROM THE REGISTRAR AND AUCTION THE SAID SHOPS FOR RECOVERY ? 

The official liquidator has been approached many times and they have absolutely no interest in settling the account..

what other steps can be taken for recovery ???? as there is extreme urgency for recovery  or more then 5 million outstanding

Please advice

 

 

 

 

 

 

 



Learning

 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 February 2021

1. Society can file "Recovery Proceedings" to recover its outstanding dues of said 10 Shops.  However, Society has to file application and implead the "official liquidator" as Respondent.

2. Based on Reply /Argumenta of "official liquidator",  Recovery Certificate may be issued and consequently Auction of Property in custody of "official liquidator" shall be possible, by following due procedures of law.

3. IF said Society is in Mumbai, THEN I can offer my Professional Services for the same.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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