OF CONVEYANCE BY THE OFFICIAL LIQUIDATOR OF A LIMITED COMPANY
of conveyance made on this........ day of......... between M/s AB & Co Ltd
in liquidation by its liquidator Mr........ being the official liquidator for
the State of Maharashtra having his office at........ hereinafter referred to
as the Vendor of the First Part and Mr.'' X'' residing at....... hereinafter
referred to as the Confirming Party of the Second Part and M/s XZ & Co Ltd
a company registered under the Companies Act 1956 and having registered office
at............ hereinafter referred to as the purchaser of the Third Part as
1. The said AB & Co.
Ltd is public company limited by share registered under the Companies Act 1956.
2. One Mr...........
filed a petition No.......in the High Court at u/ S 439 of the Companies Act
1956 for an order for the winding up of the company m, the same being unable to
pay its debts.
3. By an order
dated.........passed in the said petition after going through the legal
procedure the High Court ordered the said AB and Co. Ltd to be wound up under
the directions of the court and appointed Mr....... the official liquidator s
the liquidator of the said company with all powers as the Companies Act
4. In the court of such
winding up the official Liquidator on a report submitted to the High Court
applied to the High Court for permission to sell there immoveable property of
the company situated at.......... and more particularly described in the
schedule hereunder annexed.
5. By an order dated........
passed at the Official Liquidator's report the High Court authorized the
official Liquidator as liquidator of the said company to sell the said property
by public auction or by inviting private tenders.
6. Pursuant to the last
mentioned order the official Liquidator as such liquidator put up the said
property for auction through M/s XY auctioneers after properly advertising the
sale on the...........day of...........
7. At such sale the
confirming party was declared the highest bidder at the price of Rs...........and
the confirming party paid amount of earnest money of Rs........being 25% of the
highest bid and signed the agreement for purchase subject to the sanction of
8. The confirming party
has represented to the official liquidator that he had given the said bid for
and on behalf of the purchaser and the earnest money was also paid by the
purchaser through the confirming party and the purchase also confirm the same.
The confirming party theerfor requested the Official Liquidator to execute the
deed of conveyance in favour of the purchaser direct.
9. The official
liquidator thereafter submitted his report on the sale of the property onto the
High Court and the High Court by its order dated.........approved and
sanctioned the sale of the said property to the confirming party or his nominee
at the price of Rs.......and on the terms and condition of the sale by auction.
10. The purchase has paid
to the official Liquidator the balance purchase price of Rs....... on
the..........day of........ and has requested the official liquidator as
liquidator of the company to execute these presents, which the official
liquidator has agreed to do, and on this deed being also executed by the
confirming party such.
THIS DEEED WITNESSETH
pursuant to the premises and in consideration of the said sum f Rs........paid
by the purchase to the vendor as hereinbefore e stated (receipt whereof the
vendor doth admit) the said AB & Co Ltd (in liquidation) by its duly
appointed liquidator being the said official liquidator i.e. the vendor doth
hereby grant and convey to the purchaser and the confirming party doth confirm
all that piece of land or ground with a building thereon situate
at..........and more particularly described in the schedule hereunder written
together with all things permanently attached thereto and standing thereon and
all the privileges, easements, profits, advantages, rights, and appurtenances
whatsoever to the said party belonging and all the estate, right, title
interest, claim and demand whatsoever in law or otherwise of the vendor into or
upon the said property and other premises herby conveyed and every part
thereof.. To Have and To Hold the same unto and to the use for the purchaser
absolutely and forever but subject to the payment of all taxes assessments dues
and duties now chargeable or payable and hereafter to become chargeable or
payable in respect of the said property herby conveyed to the government or
local authority or any other public body.
the official Liquidator as the liquidator of the said AB and Company limited
both hereby covenant with the purchase that he the liquidator has not done or
omitted to be done any act deed or thing whatsoever whereby or by means whereof
he is prevented from granting and conveying the said property in the manner
Schedule Referred to
for and on behalf of M/s. AB & Co Ltd)
liquidation) by its liquidator being the present Official liquidator attached
to the High Court at.......)
the presence of)
by the with in named confirming party ''X'')
the presence of