Sandeep Steels v. Official Liquidator On Behalf Of Dhanshree Deveopers Pvt.Ltd.

9-ca328-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.328 OF 2019 IN COMPANY PETITION NO.857 OF 2015 Sandeep Steels ...Applicant

IN THE MATTER BETWEEN :

Sandeep Steels

...Petitioner

V/s.

Official Liquidator of Dhanashree Developer Pvt. Ltd.

...Respondent

Mr.Devendra Tiwari i/b Law Chamber of Siddharth Murarka for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator. CORAM : R.D. DHANUKA, J.

DATE : 6TH FEBRUARY, 2020.

P.C. :- 1.

The applicant seeks leave under section 446 (1) of the Companies Act, 1956 to pursue the pending complaint against the respondent company in liquidation before the State Consumer Dispute Redressal Commission, Mumbai.

2.

Learned counsel appearing for the applicant undertakes that the applicant to deposit a sum of Rs.50,000/- with the Official Liquidator within two weeks from today as an initial deposit and to pay further amount as and when demanded by the Official Liquidator for incurring the costs towards engaging advocates and other incidental costs to defend the said proceedings. Undertaking is 1/2

9-ca328-19.doc accepted. Subject to payment of cost as directed aforesaid, the company application is made absolute in terms of prayer clause (a). Insofar as prayer clause (b) is concerned, the Official Liquidator is directed to submit a report and seek appropriate direction in this regard by impleading the Ex-Director of the respondent company in the said report.

3.

The company application is disposed of in aforesaid terms. It is made clear that if the amount is not deposited by the applicant as undertaken before this Court, the order passed by this Court in terms of prayer clause (a) to stand vacated without further reference to Court.

(R.D. DHANUKA, J.) 2/2