Asian Paints India Ltd. v. Sarigon Organcies Ltd. (In Liquidation)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.45 OF 2014 IN COMPANY PETITION NO.862 OF 2004 Mr. Ashok Kumar Goneka, Ex-Director of Sarigon Organics Ltd.

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Applicant and Asian Paints India Ltd.

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Petitioner versus Sarigon Organics Ltd. ( in Liqn. ) ...

Respondent Mr. Sorel Shah i/by Ms. Swati Sawant, for Applicant. Mr. Dikshat Mehra i/by M/s. Rajani Associates,f or Petitioner. Mr. Vedchetan Patil, for Official Liquidator. Ms. Yogini, Asstt. Official Liquidator, present. CORAM: S.J. KATHAWALLA, J.

DATE: 10th APRIL, 2015 P.C.

1.

The above Company Application is filed on 29-01-2014 for the following reliefs :

(a) that this Hon'ble Court may be pleased to set aside the order dated 30-06-2010 thereby setting aside the winding up of the Applicant ( Original Respondent ) Company; (b) that this Hon'ble Court may be pleased to allow the Applicant (original Respondent ) Company to clear its dues; (c) that this Hon'ble Court may be pleased to discharge Official Liquidator appointed in respect of properties and credit balances of the Applicant ( Respondent Company); ssp 1/2

cal 45 of 2014 (908).sxw 2.

By an order dated 26-03-2014, this Court (Coram : G.S.Patel, J.) had directed the Official Liquidator to issue an advertisement inviting claims. In response thereto, claims aggregating to approximately Rs.32 Lakhs have been received. Over and above the said claims, the Petitioner has a claim of approximately Rs.25 Lakhs. The said claims have not been settled by the Applicant till date. In view thereof, as and when the Applicant is ready to settle the claims of all the claimants, he may take out an Application seeking appropriate reliefs. The Company Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2