OFFICIAL LIQUIDATOR OF PATHEJA BROTHERS FORGINGS AND STAMPING LTD. (IN LIQUIDATION)versusDEVI CONSTRUCTION CO.PVT. LTD. (PETITIONER)

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     vai
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        ORDINARY ORIGINAL CIVIL JURISDICTION
         Digitally
         signed by
         VASANT
VASANT   ANANDRAO
ANANDRAO IDHOL         OFFICIAL LIQUIDATOR REPORT NO.26 OF 2025
IDHOL    Date:
         2026.02.10
                                         IN
         10:56:16          COMPANY PETITION NO.95 OF 1999
         +0530



                                      In the matter of Companies Act, I, 1956
                                                       And
                                        In the matter of Patheja Brother Forging &
                                       Stamping Ltd.( (n Liqn.)


               Devi Constructions Co. Pvt. Ltd., Pune               …Petitioner


               Mr.Anirudh Hariani for the Official Liquidator.

               Mr.Satyajit Roul, Official Liquidator and Mr.Chetan Shelke,
               Dy.Official Liquidator are present.

                                 CORAM : ARIF S. DOCTOR, J.
                                 DATE : 6TH FEBRUARY, 2026.

               P.C. :-

               1.           The present Official Liquidator Report seeks the

               following reliefs :-

                      a).             In view of para (10) of this report,
                      whether this Hon’ble Court may be pleased to permit
                      the Official Liquidator to make one more attempt to

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sell the subject immovable property of the company (In
Liqn.) situated at plot No.5 – bearing survey No.410/03
and new survey No.1370 situated at Village Indrad,
Taluka Kadi, District Mehsana located opposite G.R.
Metalloys Pvt. Ltd. near Hitachi Home Appliances,
Gujarat – 382 715, through e-auction by M/s.Railtel
Corporation of India Limited and permit the Official
Liquidator to place further report before this Hon’ble
Court for confirmation of the highest bidders in e-
auction, subject to confirmation by this Hon’ble Court.
b).            If prayer (a) is affirmative and in view of
the para (11) of this report, whether this Hon’ble Court
may be pleased to permit the Official Liquidator       to
publish a sale notice in newspapers for sale of
immovable property of Company (In Liqn.) bearing plot
No.5 – bearing survey No.410/03 and new survey
No.1370 situated at Village Indrad, Taluka Kadi,
District Mehsana located opposite G.R. Metalloys Pvt.
Ltd. near Hitachi Home Appliances, Gujarat – 382 715,
as required under Rule 272 and 273 of the Companies
(Court) Rules, 1959 in 'Free Press Journal (In English)
and 'Navshakti' (In Marathi) both published/circulated
from Mumbai and "Gujarat Samachar" (In Gujarati)
published/circulated from Mehsana, Gujarat and the
Official Liquidator may be permitted to pay the


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advertisement charges from the amount lying in the
credit of the Company (In Liqn), subject to deduction of
TDS at the prevailing rate.
c)               In view of the para (13) of this report
whether this Hon'ble Court may be pleased to allow the
Official Liquidator to sale the immovable asset of
Company (In Liqn) being freehold open land at plot No
5-bearing survey No. 410/03 and new survey No.1370
situated at Village Indrad, Taluka Kadi, District
Mehsana located opposite G.R.Metalloys Pvt.Ltd, near
Hitachi Home Appliances, Gujarat-382 715, through e-
auction by M/s. Railtel Corporation Of India Limited
and permit the Official Liquidator to upload sale notice
and terms and conditions of sale on the website of M/s.
Railtel Corporation Of India Limited and MCA to place
further     report   before    this   Hon'ble   Court     for
confirmation of the highest bidder in e-auction, or any
other direction this Court may deem fit and proper.
d).              In view of the para (14) of this report
whether this Hon’ble Court may be pleased to approve
draft “Sale Notice” draft “Terms and Conditions of
Sale”
      And
e).              For such other and further directions as
this Hon/ble Court may deem fit and proper.


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2.         Mr.Hariani pointed out that this Court by an order

dated 12th January, 2024 (Manish Pitale, J.) allowed Official

Liquidator Report No.164 of 2023, by which this Court has

directed the sale of the property after fixing reserve price at

Rs.15,50,000/- and EMD at Rs.1,50,000/-. He submits that

though attempts were made to sell the said property, the same did

not fructify which resulted in forfeiture of the EMD. Heard

learned counsel and perused the Official Liquidator Report. In

my view, the same would have to be allowed in terms of prayer

clauses (a) to (d).

3.         The Official Liquidator Report is disposed of.



                                          (ARIF S. DOCTOR, J.)




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