Yashashree Developers And Builders, v. M/S Rupa Steels Ltd., (In Liqn)

HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR COMPANY APPLICATION No.1202 OF 2013 ORDER:

This application is filed by the applicant, who participated in the auction, conducted by the official liquidator relating to one of the assets of the company in liquidation viz., land, RCC Building and AC Sheet sheds situated in Gat Nos.161 to 162, Old Survey Nos.22 & 25 at Itkal Village, Tuljapur Taluqa, Osmanabad District, Near Solapur, Maharashtra. The applicant states that he had filed his tender along with the E.M.D. of Rs.27,40,900/- and participated in the auction, but was unsuccessful. Learned counsel for the Official Liquidator states that the sale was conducted and that the offer of the highest bidder in the said auction sale was accepted and the sale was confirmed in his favour. Since the applicant is an unsuccessful tenderer, who had paid the E.M.D., now seeks refund of the E.M.D. Since the sale is already finalized, learned counsel for the official liquidator states no objection.

Hence, the company application is ordered as prayed for. Official liquidator to refund the E.M.D. paid by the applicant to him within two weeks. ______________________ VILAS V. AFZULPURKAR, J December 2, 2013 LMV HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

COMPANY APPLICATION No.1202 OF 2013 Dt: 02.12.2013 LMV