Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6168 OF 2015
(Arising out of Special Leave Petition (Civil) No.22176 of 2015)
Girishchandra Manubhai Patel ... Appellant
Versus
Vedica Procon Private Limited & Others … Respondents
J U D G M E N T
Chelameswar, J.
JUDGMENT
1. Leave granted.
2. The instant appeal is filed by a person who claims to be the
owner of extent of 1 Acre and 22 Guntas of land, which according to
him was given on lease to the company in liquidation. He filed a
Civil Application (OJ) No.594 of 2014 in O.J. Appeal No.36 of 2014
(subject matter of SLP No.2198 of 2015) praying that he may be
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permitted to join as party respondent in the said OJ Appeal No.36
of 2014.
follows:
“At this stage, it is required to be noted that as such, as
substantive application filed by the applicant being OJCA No.327
of 2013 is pending before the Company Court and the rights of the
applicant, if any, in the land in question and/or the contentions on
behalf of the applicant are yet to be considered by the learned
Company Court. … However, the same shall be without prejudice
to the right and contentions of the respective parties in the
pending OJCA No.327 of 2013 and same may be considered in
accordance with law and on its own merits. ,..”
It was also noted that:
“Shri Dave, learned senior Counsel appearing on behalf of
applicant has categorically stated at the bar that as such,
applicant is not averse to the sale of the property of the company
in liquidation.”
4. In the circumstances, we do not think it necessary to grant
JUDGMENT
any relief to the appellant herein as his interest, if any, is protected
by the impugned order herein. The appellant would be entitled to
the consequential reliefs i.e. if the appellant succeeds in
establishing his right or title or interest in any part of the property
which is subject matter of sale in dispute, he would be entitled to
appropriate amount in accordance with law from out of the sale
proceeds.
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5. The appeal stands disposed of accordingly, with no order as to
costs.
….………………………….J.
(J. Chelameswar)
…….……………………….J.
(Abhay Manohar Sapre)
New Delhi;
August 13, 2015
JUDGMENT
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