M/S Bhansali Engineering Polymers Ltd. v. Bellpoy Moulders Pvt Ltd.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 165/2014 & CA No.546/2014 M/S BHANSALI ENGINEERING POLYMERS LTD. ..... Petitioner Through Mr. Pranay Trivedi, Advocate.

versus BELLPOY MOULDERS PVT LTD.

..... Respondent

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 14.07.2016 Counsel for the petitioner states that an order has already been passed by this Court in CP No.463/2013 on 16.04.2015 admitting the petition moved by Neelakamal Limited, wherein the Official Liquidator has been appointed as a Provisional Liquidator of the respondent company. Counsel, therefore, submits that he does not wish to press this petition in the present form, and seeks to withdraw the same while reserving the petitioner's right to move an appropriate application under Rule 101 of the Companies (Court) Rules 1959 in respect to the petitioner's claim; and to take further steps as the petitioner may be advised. He is permitted to do so. At the same time, the petitioner may also send an intimation of the debt claimed in the instant petition to the Official Liquidator for his records; whilst making it clear that any such communication shall not amount to the filing of a formal claim by the petitioning creditor before the Official

Liquidator; which claim may only be filed if and when claims are formally invited by the Official Liquidator in terms of the relevant Rules.

The petition, along with CA No.546/2014, is dismissed on the aforesaid terms.

SUDERSHAN KUMAR MISRA, J JULY 14, 2016 dr