N.R. Traders Pvt. Ltd. v. M/S. Garg Financial Consultant Pvt. Ltd. ( Cin U72100mh2000ptc128790)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 606 OF 2014 IN COMPANY PETITION NO. 255 OF 2014 M/s. Garg Financial Consultant Pvt. Ltd.
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Applicant
IN THE MATTER BETWEEN :
N.R.Traders Pvt. Ltd.
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Petitioner
Versus
The Official Liquidator of M/s. Garg Financial Consultant Pvt. Ltd.
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Respondent Mr. A.M.Saraogi, for Applicant.
Ms. Yogini Chauhan, Asstt. Official Liquidator, present. CORAM : S.J. KATHAWALLA, J.
DATED : 15 TH JANUARY, 2015 P.C.
1.
The above Company Application is taken out by the Applicant for the following reliefs :
"(a) that this Hon'ble Court be pleased to set aside the order dated 28th August, 2014 passed in Company Petition No.255 of 2014 and the status of the Respondent Company be restored on such terms as this Hon'ble Court may deem fit and proper;
(b) that pending hearing and final disposal of the present 1/3
Company Application, all further steps taken by the Office of the Official Liquidator by way of sealing the office premises situated at 143/D, Khemka Bhavan, 4th Floor, Room No.79/80 Sitaram Poddar Marg, Mumbai - 400 002 also deserves to be set aside and the premises deserves to be opened on such terms as this Hon'ble Court may deem fit and proper;
2.
In view thereof, on 22nd December, 2014 this Court passed the following order :
"1. The Official Liquidator shall advertise the order of winding up of the Company and invite claims from the workers/creditors of the Company. In the said advertisement, the Official Liquidator shall also state that the claim of the Petitioner has been settled and the Company has taken out the above Company Application for setting aside the order of winding up, the said Application shall be heard by this Court on 15-01-2015. The Ex-Directos shall deposit an amount of Rs.15,000/- with the Official Liquidator towards advertisement charges. Stand over to 15-01-2015". 3.
The Official Liquidator has accordingly issued advertisements 2/3
and has informed the Court that they have not received any claim in response to the said advertisements.
4.
In view thereof, the above Company Application is allowed in terms of prayer clauses (a) and (b) reproduced hereinabove. 5.
An amount of Rs.15,000/- shall be paid within a period of one week from today towards costs of the Official Liquidator. The same shall be credited in the office expenses account.
6.
The above Company Petition is dismissed as withdrawn. 7.
The above Application is accordingly disposed of. (S.J. KATHAWALLA, J.) 3/3