Amey Marketing Syndicate v. The Official Liquidator Of Shuruguwa Industries Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 364 OF 2016 IN COMPANY PETITION NO. 228 OF 1990 Amey Marketing Syndicate Pune 411016 .. Applicant In the matter between :

Amey Marketing Syndicate Pune 411016 .. Petitioner Vs.

The Official Liquidator appointed as a Liquidator for Shuruguwa Industries Pvt. Ltd.

(In Liquidation) .. Respondent Mr.Piyush N. Shah for applicant.

Mr. Mahindhar Aithe, company prosecutor for official liquidator. CORAM : K.R.SHRIRAM, J.

DATE : 19TH DECEMBER 2017 P.C.

This application is to direct the official liquidator to pay the excess allocable interest to the applicant/original petitioner. It is brought to the notice by the company prosecutor Shri Aithe that an identical application was taken out by the applicant being company application No.89 of 2014 which came to be dismissed by and order dated 3th November 2014. It will be useful to reproduce the said order which read as under :- 1/3

"1. The above Company Application is taken out for the following relief :

"(a) that the Official Liquidator be directed to pay the excess allocable interest as and by way of 4% paise in a Rupee to the Applicant/Org.Petitioner" ; 2.

The Official Liquidator has informed the Court that the entire amount payable to the Applicant along with 4% interest is paid to the Applicant and the Applicant is not entitled to any further amount. The Applicant is entitled to only 4% interest on its dues subsequent to the date of the winding up order under Rule 179 of the Companies (Court) Rules, 1959. In the event of any surplus left with the Official Liquidator, the same is required to be paid to the contributories as dividend and return of capital to contributories under Rules 275 to 280 of the Companies (Court) Rules, 1959.

3.

The Company Application is therefore, disposed of as dismissed."

Applicant has conveniently chosen not to disclose the fact that an identical application was taken out by applicant and that application came to be dismissed.

In the circumstances, this application does not survive and stands dismissed.

Applicant to pay a sum of Rs. 10,000/- as donation to National Defence Fund (NDF), State Bank of India, Institutional Division, Parliamant Street, New Delhi, Account No.11084239799- www.pmindia.nic.in, within two weeks from today.

2/3

I have passed this order directing the applicant to pay donation because it was absolutely dishonest on the apart of applicant to suppress the fact that he had taken out an identical application and that application has been dismissed.

(K.R. SHRIRAM, J.) 3/3