PROPERTY SOLD WITHOUT PERMISSION OF LIQUIDATOR BY FRAUD
SHYAMSUNDER BUBNA
(Querist) 26 October 2009
This query is : Resolved
MAX PARTS PVT LTD incorporated on 12-8-1964
As on today Company Status is under Liquidation
Property Location
Revenue Survey No. 421/Paiki, Jamnagar, Hapa
Plot No. 13
T. P. Scheme No. 3/A
Original Plot (O.P.) No. 24
Final Plot (F.P.) No. 57
Near Paglam & Paglam
Opp. Cold Storage, Jamnagar
Area 7160 Sq. Ft.
Purchased by Company on 28th September 1964 from Shri Narendrasingh Madhusingh Kher by a agreement registered on 30th September 1964
On 30-4-1984
One Mr. Girjashanker Jatashanker Bhatt C/o. M/s. Harish Automobiles, Kashi Vishwanath Road, Jamnagar sold the property alleged to be Power of Attorney holder of the Company
to
one Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar
On 19-8-1993
Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar sold the property
to
1) Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar
2) Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar
On 20-3-1998
Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar released the property
To
Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar
As per record with Jamnagar Area Development Authority as on 17-4-2006 the property is in the name of Company
The Company was initially formed by one Shri Jamnadas G. Jivrajani at Bombay
The previous directors retired in or about May 1975 and
1. Shyamsunder S. Bubna
2. Jeevanlata S. Bubna
has been joined as directors of the Company.
On 19-7-1983 a notice sent to the Share Holders and also published the said notice in Mah Gov Gazette dated 28-7-1983 and English and Marathi News Paper under Sec 500 of Companies Act as the information for meeting of creditors to be held on 11-8-1983
On 8-9-1983 the notice for information under sec 516 for appointment of Liquidator has been published in Mah Gov Gazette and English and Marathi News Paper
On 7-6-1984 the notice for information under sec 509 notice convening final meeting has been published in Mah Gov Gazette and English and Marathi News Paper
P.S. THE ALLEGED POWER OF ATTORNEY OF MAX PARTS PVT. LTD. FAVOURING MR. GIRJASHANKER JATASHANKER BHATT USED FOR SALE OF PROPERTY ON 30-4-1984 IS LIKELY TO BE PREPARED AND EXECUTED IN BOMBAY AS ALL THE DIRECTORS AS WELL AS LIQUIDATOR AND/OR COMPANY IS ALSO INCORPORATED AT BOMBAY ONLY
Raj Kumar Makkad
(Expert) 26 October 2009
I have seriously gone through your quarry. Except showing chain of property no specific quarry has been raised. Come to your question directly. If you have suspicion of the genuineness of GPA of company, then you can challenge the whole chain of disposal of the property before proper court of law and can also lodge FIR against the alleged GPA holder. Keep in mind the law of limitation also comes in the way of civil suit.
SHYAMSUNDER BUBNA
(Querist) 27 October 2009
The Company is under Liquidation hence only Liquidator can take the action.
Liquidator can take the action by filing the Company Application in High Court at Mumbai because the Company was registered in Bombay and the Liquidator also has been appointed in Mumbai only.
SHYAMSUNDER BUBNA
(Querist) 05 November 2009
AS ADVICED BY MY SOLICITOR AND COUNSEL PRACTISING IN BOMBAY HIGH COURT I CAN FILE A COMPANY APPLICATION ON BEHALF OF THE LIQUIDATOR IN BOMBAY HIGH COURT. IT WILL SAVE TIME AND MONEY BOTH
