Bank Of India v. The Official Liquidator In Liquidationnucleus Chem Oil Private Limited Cin No. U24117mh2001ptc13150

mub 906-CAL-34.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 34 OF 2016 IN OFFICIAL LIQUIDATOR'S REPORT NO. LIQUIDATION Section-X/26989 (dt.13.01.2016) IN COMPANY PETITION NO. 283 OF 2012 Bank of India ... Applicant

IN THE MATTER BETWEEN

Camlin Fine Sciences Ltd.

... Petitioner Vs.

The Official Liquidator Company under Liquidation M/s. Nucleus Chem Oil Ltd.

... Respondent and Bank of India ... Secured Creditors ....

Mr. O.A. Das for the applicant.

Ms. Yogini Chouhan, Asst. O.L. For O.L.

....

CORAM : K.R. SHRIRAM, J.

DATE : 19.01.2016.

P.C.:

1.

The Official Liquidator states that they have taken symbolic possession of the office of the company in liquidation. The Assistant Official Liquidator submits that the ex-director of the company has agreed for the Official Liquidator to take physical possession of the office premises.

2.

Shri Das, counsel for Bank of India, a secured creditor,

mub 906-CAL-34.2016.odt states that they wish to take possession of the property to sell and recover banks dues. In view, there of Assistant Official Liquidator states that they will not take physical possession of the premises and Bank of India may be permitted to take physical possession of the office premises subject to complying with requirements under section 529 A of the Companies Act. The bank to hand over all the records of the company, while taking possession of the premises, to the Official Liquidator. The representative of Official Liquidator to remain present at the time of bank taking physical possession. The bank to give sufficient notice and usual undertaking to the Official Liquidator. In view of the above the Company Application is disposed accordingly.

3.

Notwithstanding, disposal of the Company Application the advocate for the applicant to remove all office objections and have the application numbered within one week from today. (K.R. SHRIRAM, J.)