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High Court of Gujarat · body

2025 DAILYLAW 4908 (GUJ)

THE OFFICIAL LIQUIDATOR OF M/S.APS STAR INDUSTRIES LTD.(IN LIQUIDATION) v. M/S KOSO INDIA PVT. LTD.

OLR/41/2025 · 2025-07-24

Mauna M Bhatt

body2025

Judgment text

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C/OLR/41/2025 ORDER DATED: 24/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/OFFICIAL LIQUDATOR REPORT NO. 41 of 2025 In R/OFFICIAL LIQUDATOR REPORT NO. 48 of 2024 ========================================================== THE OFFICIAL LIQUIDATOR OF M/S.APS STAR INDUSTRIES LTD.(IN LIQUIDATION) Versus M/S KOSO INDIA PVT. LTD. ========================================================== Appearance: BHOOMI M THAKORE(6237) for the Applicant(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 24/07/2025 ORAL ORDER 1. Learned advocate Mr. Anip Gandhi appeared and submitted that he has instructions to appear on behalf of respondent and will be filing his vakalatnama during the course of the day. 2. The Official Liquidator has filed present report with a prayer to approve the draft deed of assignment of leasehold rights (at Annexure-B to this report) with or without modifications or alterations as may be considered appropriate and the Official Liquidator has prayed to permit him to execute the deed of assignment as per the draft approved by this Court subject to condition that the stamp duty, registration charges and all other expenses incidental to the execution and registration of the deed of assignment shall be borne and paid C/OLR/41/2025 ORDER DATED: 24/07/2025 by the auction purchaser M/s. Koso India Pvt. Ltd. 3. Mr. Anip Gandhi, Ld. Advocate appeared for the respondent M/s. Koso India Pvt. Ltd. and he has gone through the report filed by the Official Liquidator and he has no objection if the report is allowed. 4. Heard, both learned advocates appearing in the matter. 5. The report indicates that this Court vide order dated 22.10.2024 passed in Official Liquidator Report No. 48 of 2024 confirmed the sale of the property of the company in liquidation being Industrial Use Leasehold Land admeasuring about 16,935 Square Meters situated at Plot No. 99/1 and 99/2, MIDC Road No. 19, Satpur Industrial Area, Nashik (Maharashtra) in favour of the respondent M/s. Koso India Pvt. Ltd. for a sale consideration of Rs. 32,00,00,000/- and considering the fact that the respondent has paid the entire sale consideration to the Official Liquidator, the deed of assignment is required to be approved and the deed of assignment is required to be executed. The Official Liquidator has already handed over the possession of the assets and property of the company situated at Plot No. 99/1 and 99/2, MIDC Road No. 19, Satpur Industrial Area, Nashik (Maharashtra) to the respondent on 03.02.2025. C/OLR/41/2025 ORDER DATED: 24/07/2025 6. The report also indicate that vide letter dated 22.04.2025, the Advocate of respondent has submitted the draft deed of assignment of leasehold rights in the office of the Official Liquidator which has been prepared by M/s. C. C. Gandhi & Co., Advocates. It is submitted that as per the opinion of the M/s. C. C. Gandhi & Co., Advocates, the draft deed of assignment is as per the terms and conditions of the Official Liquidator and order passed by this Court. In light of the said fact, the draft deed of assignment of leasehold rights at Annexure-B is accepted and accordingly the present report is accepted in terms of Paragraph 7-(a). 7. Registry to accept the vakalatnama filed by learned advocate Mr. Anip Gandhi on behalf of respondent. 8. The Official Liquidator is permitted to execute the deed of assignment in favour of the respondent M/s. Koso India Pvt. Ltd preferably within a period of one month from the date of receipt of this order. The respondent M/s. Koso India Pvt. Ltd. may bear the stamp duty, registration charges and all other expenses incidental to the execution and registration of the deed of assignment. 9. The report is allowed and accordingly disposed off. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 24/07/2025 16:52:58