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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

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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.  2

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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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