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Bombay High CourtOLR/6/2022disposed off

Magatul Industries Ltd. v. M/S.Sarigam Containters Pvt.Ltd.

2022-01-19Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO.6 OF 2022 IN COMPANY PETITION NO. 14 OF 1997 In the matter of Companies Act, 1 of 1956 And In the matter of Magatul Industries Limited Sarigam Containers Pvt. Ltd.

.. Petitioner Ms. Nidhi Boria i/v. Vishal Acharya for Ex-Director-Magatul Industries Ltd.

Mr. Mahendhar Aithe, Company Prosecutor.

CORAM : A. K. MENON, J.

DATED : 19TH JANUARY, 2022.

(THROUGH VIDEO CONFERENCE) P.C. :

1. By this report, the Liquidator seeks rectification of having engaged Chartered Accountants for utilizing and assisting the adjudication of claims receiving company of which he was appointed as Liquidator but was thereafter discharged pursuant to order of this Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.01.20 15:55:19 +0530 SANDHYA BHAGU WADHWA 1/2 14.olr-6-22.doc wadhwa

court dated 20 th December, 2019 in IA No.1 of 2019, copy of which appears at Exhibit B. However, since several claims had been adjudicated upon and some rejected, the learned Prosecutor submits that the certified list of workmen and employees dues and that of other agency such as MTNL have been admitted to the extent of Rs.34,25,489/- as evident from Exhibit F. He therefore seeks leave to remit these amounts and also for repayment of the balance to the company in terms of the report.

2. Having heard the learned prosecutor and having perused the record, I am of the view that this report is deserves to be allowed. In view thereof, I pass the following order;

(i) Report is allowed in terms of prayer clauses (a) to (e) both inclusive.

(ii) Report is disposed in the above terms.

(A. K. MENON, J.) 2/2 14.olr-6-22.doc wadhwa