Official Liquidator v. Suneem Industries Pvt Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO.42 OF 2020 IN COMPANY PETITION NO.680 OF 2015 In the matter of Companies Act, I of And In the matter of Suneem Industries Pvt. Ltd. (In Liqn.) M/s. Oswal Minerals Ltd.

....Petitioner WITH INTERIM APPLICATION (L) NO.9086 OF 2020 IN COMPANY PETITION NO.680 OF 2015 Shivprasad B. Soni (Ex-Director of Suneem Industries Pvt. Ltd.) ....Applicant/Ex-Director

IN THE MATTER BETWEEN :

M/s. Oswal Minerals Ltd.

....Petitioner V/s.

Suneem Industries Pvt. Ltd.

....Respondent ---- Ms. Barsha Parulekar for applicant in IAL/9086/2020/ex-directors. Mr. Devendra Tiwari i/b Law Chambers of Siddharth Murarka for original petitioner.

Mr. Aditya Pimple, Advocate for official liquidator. ---- CORAM : K.R.SHRIRAM, J.

DATED : 31st MARCH 2021 P.C. :

INTERIM APPLICATION (L) NO.9086 OF 2020 Mr. Pimple states that applicant has complied with the undertaking recorded by the Court in the order dated 16th March 2021.

2/3 Mr. Pimple states that applicant has deposited Rs.40 lakhs towards security charges and Rs.1 lakh towards Liquidator's cost. At the same time, Mr. Pimple states that after applicant deposited Rs.40 lakhs towards security charges, the security agency has raised an invoice for the month of March 2021 and that would leave another Rs.45,621/- to be paid by applicant towards security charges. Ms. Parulekar states that a demand draft/pay order for Rs.45,650/- will be handed over to Official Liquidator tomorrow morning. Statement accepted.

In view thereof, interim application is allowed and accordingly disposed in terms of prayer clause - (a). The order dated 4th January 2018 winding up respondent company is recalled. Official Liquidator stands discharged.

Mr. Pimple states that the Official Liquidator will hand over possession within one week from today. Ms. Parulekar states that the security agency may continue until the Directors of the company (in liquidation) take over possession from the Official Liquidator and security agency charges will be paid directly by the Company for that period and the Company may decided whether to continue with the security agency or otherwise.

Official Liquidator's Report accordingly stands disposed. Company petition also stands disposed. Interim application, if any, stands disposed.

3/3 All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)