Madras High Court
OSA/96/2023 of K. DHARANIPATHI Vs THE OFFICIAL LIQUIDATOR on 15 October 2026
OSA No. 96 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 96 of 2023
CNR: {HCMA010925462023}
K. Dharanipathi
S/o. Krishnavenu
..Appellant(s)
Vs
1. The Official Liquidator
High Court, Madras, as the provisional
Liquidator of Maxworth Orchards (India) Ltd, High Court, corporate bhavan, 2nd floor, No.29, rajaji salai, chennai 600 001
(in Provisional Liquidation)
2. Mrs.Nagasaila Suresh,
The Administrator
Maxworth Orchards (India) Ltd.,
(In Provisinal Liquidation),
New No.14/1, Old No.38/1,
Akbarabad 2nd Street
Kodambakkam
Chennai 600 024
..Respondent(s)
Original Side Appeal filed under Clause 15 of Letters Patent read with Order XXXVI Rule 9 of Original Side Rules to set aside the order passed on the file of this Court in Comp.A.No.189 of 2023 in C.P.No.57 of 1998 dated 26.04.2023 for balance amount remittance.
For Appellant(s):
Mr. S. Natarajan
OSA No. 96 of 2023
For Respondent(s):
Ms.B.Ambili
Deputy Official Liquidator
High Court, Madras for R1
Mr.K.Hemashankar for R2
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JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.) A challenge has been made to the order of the Company Court dated 26.04.2023 in A.No.189 of 2023 in C.P.No.57 of 1998.
2. The appellant was the successful bidder, having quoted the highest bid amount of Rs.1,52,00,000/- and has paid an Earnest Money Deposit of Rs.7,20,300/-. The appellant was directed to pay the remaining sale consideration within 30 days from the date of the acceptance. However, the said order has not been complied.
3. The present appeal has been filed mainly on the ground that the subject property cannot be sold, as PACL Limited had obtained a stay from the Hon'ble Supreme Court in respect of properties under Document No.7 of 2022 dated 16.07.2022 and Document No.12 of 2022 dated 30.07.2022 and Consequently, the appellant seeks return of Earnest Money Deposit.
4. We are of the view that the present Original Side Appeal itself is not maintainable as the appellant was declared as a successful bidder and if the
OSA No. 96 of 2023
appellant is not in a position to deposit the remaining sale consideration in view of the stay granted by the Hon'ble Supreme Court, he can very well canvass before the Company Court and bring to the notice of the Company Court about the stay granted by the Hon'ble Supreme Court. With the above observation, this Original Side Appeal is disposed of. There shall no order as to costs. (N.S.K.,J.) (G.K.M.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa
OSA No. 96 of 2023
N.SATHISH KUMAR, J. AND GK.MUTHUKUMAAR, J. gpa OSA No. 96 of 2023 15-10-2026