The Official Liquidator High Court Bombay v. Deli Penrex Stationery Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 17 OF 2017 IN COMPANY PETITION NO. 1195 OF 2015 IN COMPANY APPEAL NO. 63 OF 2014 IN COMPANY PETITION NO. 84 /397-398 /CLB/MB/2013 In the matter of Companies Act, I of And In the matter of M/s. Deli Penrex Stationery Pvt. Ltd. (In Liqn.) Mufazzal Hakim Penwala, Tasneem Mufazzal Penwala, Shaikh Hakim Penwala, Zaitoon Hakim Penwala .. Petitioners Mr. Vinod Sharma, Official Liquidator present Ms. Yogini D. Chauhan, Dy. O.L. Present Mr. Sumit Raghani i/b Agrud Partners for ex-directors CORAM : R.D. DHANUKA, J.

DATED : 21st APRIL, 2017.

P.C.

1.

Heard. Learned Counsel for the Ex-Directors states that though the Ex-Directors have made several attempts to lodge a complaint regarding alleged theft in Gala Nos. 101 to 105, 1st Floor, Kailash Complex, Purna Village, Bhiwandi, on 4th July, 2016, the concerned

police station has not registered any complaint till date. He further submits that he has no objection if the prayer clause (a) of the official liquidator report as prayed is granted for the purpose of determining the volume of the loss of goods / movable assets. Learned Counsel for the ex-directors further states that if the Official Liquidator appoints M/s. Vastukala for the purpose of inventory and valuation of the movable assets lying inside the galas, the ex-directors would bear the valuation charges for the same. Statement is accepted. He is seeking copy of the earlier report from the official Liquidator which shall be furnished by the Official Liquidator to the ex-directors within one week from today.

2.

The ex-directors are directed to furnish a copy of the police complaints which were attempted to have been lodged with the local police station. The Official Liquidator shall also address a letter to the local police station to enquire as to why alleged complaints were not allowed to be lodged.

3.

The Official Liquidator is permitted to appoint M/s. Vastukala in terms of prayer clause (b) for the purpose of carrying out the revaluation of theft items / goods so as to ascertain the loss of goods /

movable assets. The ex-directors shall pay the valuation charges of M/s. Vastukala, within one week from the date of communication of such fees to the Official Liquidator. Insofar as directions to sale of goods / movable assets is concerned, the Official Liquidator is permitted to file a separate report after inventory is taken. 4.

The Official Liquidator Report is disposed of in the aforesaid terms. The Report is made absolute in terms of prayer clause (c). (R.D. DHANUKA, J.)