caselaws
Supreme Court of India
Girishchandra Manubhai Patel vs Vedica Procon Private Limited & … on 13 August, 2015Author: Chelameswar
Bench: J. Chelameswar, Abhay Manohar Sapre
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.
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 permitted to join as party respondent in
the said OJ Appeal No.36 of 2014.
3. The High Court while rejecting the application observed as 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 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.
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
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