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Nawal Kishore Mishra   03 October 2017

Company in liquidation

Moveables and immoveable assets of company advertised by official liquidator for auction by means of two different advertisements. In the advertisement of movable assets the item office block fixture and furniture has not been specifically mentioned though it has been assessed for sale in heads of movable property. Now auction purchaser of immoveable properties creating hindrance and is not allowing the auction purchaser of movable properties to remove it on the ground that it has not been advertised for sale as movable properties and so it is part of building which auction purchaser of immovable properties has purchased. Now the company court in chamber has directed the official valuer to reassess the value of office block fixture and furniture. There is no dispute that office block fixture and furniture is a movable property. Whether it can be reauctioned after finalization of bid and acceptance of same by company court in chamber? Secondly, if office block fixture and furniture is not part of both the advertisements then who has right over it, auction purchaser of movable property or immovable property?



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 October 2017

liquidator decision to be observed 

Nawal Kishore Mishra   23 October 2017

What law should be? Whether it is matter of discretion of official liquidator?

Nawal Kishore Mishra   23 October 2017

What law should be? Whether it is matter of discretion of official liquidator?

Nawal Kishore Mishra   17 November 2017

Further in aforesaid matter company court has directed the official values to  revalued the property in dispute. Now court can direct for reauction the same or only direct to deposit the amount to auction purchaser of moveable property?

Nawal Kishore Mishra   17 November 2017

Thanks for reply.


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