The Official Liquidator High Court Bombay v. Sumeet Machines Ltd.,

1-olr3-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO.3 OF 2015 IN COMPANY PETITION NO.299 OF 1994 M/s.Varkey Overseas Trading Co. Pvt. Ltd.

...Petitioner

V/s.

M/s.Sumeet Machines Ltd. (In liquidation)

...Respondent

Mr.Vinod Sharma, Official Liquidator present. Ms.Yogini D. Chauhan, Deputy Official Liquidator present. Ms.Nupur Awasthi i/b Consulta Juris for ARCIL. Mr.Mahimkar with Mr.Manoj Mane for the Ex-Director - Mr.Ajay Mathur.

CORAM : R.D. DHANUKA, J.

DATE : 31ST MARCH, 2017.

P.C. :- 1.

A perusal of the order dated 31st October, 2014 passed by this Court in Official Liquidator's Report No.285 of 2014 indicates that Mr.Ajay Mathur, the Ex-Director of the company in liquidation has given an undertaking to this Court that an amount of Rs.2,82,522/- to the Valuer, Rs.1500/- to Mr.Nikhil Bhel, Commissioner and Rs.24,000/- to Mr.Onkar Chandurkar, Advocate will be paid within a period of two weeks from the date of the said order through the office 1/2

1-olr3-15 of the Official Liquidator. It is not in dispute that the said order dated 31st October, 2014 passed by this Court is not challenged by the ExDirector nor the same is stayed and / or vacated. Since the order is not complied with by the Ex-Director, the Official Liquidator is permitted to adopt contempt proceedings against Mr.Ajay Mathur, Ex-Director of the company in liquidation as provided in the prayer clause (a) of the Official Liquidator's Report. 2.

The official Liquidator is also permitted to engage an advocate for preparing the contempt proceedings and for appearing in the said proceedings and to pay the professional fees of the advocate as prayed in prayer clause (b).

3.

The Official Liquidator's Report is made absolute in terms of prayer clauses (a) and (b). No order as to costs. (R.D. DHANUKA, J.) 2/2