Land Claim Linked to Company in Liquidation Rejected for Want of Originals: Delhi HC Grants Two Weeks to File Documents with OL [Read Order]

The Delhi High Court has allowed an appeal filed by the appellant, granting him two weeks to submit original documents to the Official Liquidator (OL) in support of his claim over land belonging to a company under liquidation at Haridwar, Uttarakhand.

The appellant, Swatantra Batra, had challenged an order passed by a Single Judge in Company Application No. 65/2018. That order disposed of multiple applications filed by claimants seeking recognition of their rights over plots of land forming part of the assets of the company in liquidation.

The Single Judge had noted that the claims had already been considered by the OL, and any aggrieved party could pursue a statutory appeal under Rule 164 of the Companies (Court) Rules, 1959.

The appellant’s claim was rejected by the official liquidator (OL) on the ground that he had not filed the relevant original documents to substantiate his entitlement.

Before the Division Bench, counsel for the appellant argued that the rejection was solely due to non‑submission of originals and assured the Court that the appellant was ready and willing to produce the necessary documents, including receipts, for consideration by the OL.

Considering the precedent and the submissions made, the Division Bench comprising JusticeV. Kameswar Rao and Justice Manmeet Pritam Singh observed that the appellant’s request was identical to the relief granted in Devender Singh Rawat. Since the OL did not object, the Court found it appropriate to extend the same opportunity.

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates