Manoj Vyas And 19 ORS v. Life Insurance Corporation Of India And ANR.

18-OSAPP-232-2018-IN-CA-559-2016+.DOC rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 232 OF 2018 IN COMPANY APPLICATION NO.559 OF 2016 WITH NOTICE OF MOTION (L) NO. 180 OF 2018 IN APPEAL NO. 232 OF 2018 Manoj Vyas & Ors ...Appellants

Versus

Life Insurance Corporation of India & Anr

...Respondents

None for the Appellant.

Mr Shatrughan Chauhan, Deputy Official Liquidator for the Official Liquidator.

CORAM

G.S. Patel & Gauri Godse, JJ.

DATED: 25th July 2022 PC:- 1.

On 12th July 2022, none appeared for the Appellant. The Appeal was against an order of 1st February 2018 ordering winding up of Varun Global Limited. The Official Liquidator has taken Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.07.26 17:33:54 +0530 possession of the assets of Varun Global including its registered RAJESHWARI RAMESH PILLAI 25th July 2022

18-OSAPP-232-2018-IN-CA-559-2016+.DOC office at Ballard Estate, Mumbai. The Appeal has not been served on the Official Liquidator despite the fact that it was filed in 2018. 2.

The Appellants are 20 employees of Varun Global. The title of the Petition does not give their individual addresses but only mentions the registered office of Varun Global. It is impossible to give notice to the individual employees. Their whereabouts are not known and cannot be found if Petitions are filed like this. 3.

The Appeal was filed through an Advocate, who has returned the papers and taken a discharge in accordance with the Rules. Even today the Appellants are absent. We have, therefore, no option but to dismiss the Appeal.

4.

The Official Liquidator reports that by public notice claims were invited. Only three claims were received. However, the Appellants are at liberty to lodge their claims before the Official Liquidator provided winding up is not complete and the consideration by the Official Liquidator of such claims is still open. 5.

The Appeal is dismissed.

(Gauri Godse, J) (G. S. Patel, J) 25th July 2022