Jagdish Kumar Sardana Ex - Dir Ub Infrastructure Ltd v. The Official Liquidator Of M/S Ub Infrastructure Ltd (In Liqn)
CAL.103-2017 Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO (L) NO. 103 OF 2017 IN OFFICIAL LIQUIDATOR REPORT NO. 23 OF 2017 IN COMPANY PETITION NO. 117 OF 2013 Jagdish Kumar Sardana, Ex-Director of UB Infrastructure Ltd (In Liquidation) Bombay Vs The Official Liquidator of UB Infrastructure Ltd. (In Liquidation) ------- Mr. S.R. Nargolkar i/b Aumkar Joshi for Applicant. Advocate D. Bheda i/b Purnand & Co., for Petitioner. Mr. Vinod Sharma, Official Liquidator with Ms. Yogini D. Chauhan, Dy.Official Liquidator.
Mr. Vinod Pendse, authorized representative of applicant. ----- CORAM: A.S. GADKARI, J.
DATE: 16 JUNE 2017.
P.C.:
1] Heard the learned Counsel for the applicant and the learned Official Liquidator.
2] By this application, the applicant-Ex.-Director of the Company namely UB Infrastructure Ltd.(In Liquidation) has prayed for condonation of delay in filing the statement of affairs with the Office of the
CAL.103-2017 Official Liquidator and for direction that no action be taken against the applicant as prayed for by the Official Liquidator in its report dated 1.2.2017 bearing No.23 of 2017 and for consequential reliefs. 3] The learned Counsel for the applicant submitted that the the applicant has submitted statement of affairs with the Office of the Official Liquidator on 23.2.2017 and the Official Liquidator has addressed the communication dated 14.6.2017 thereby pointing out certain defects in the statement of affairs and has called upon the applicant to remove the said defects. The learned Counsel for the applicant on instructions submitted that the applicant will remove and/or rectify the said defects preferably within a period of three weeks from today, but not later than in four weeks. The said statement is accepted 4] In view thereof, the report is allowed in terms of prayer clauses (a) and (b).
However, it is abundantly made clear that, if the applicant fails to co-operate with the Official Liquidator and commits any acts of omission or commission as contemplated under Section 454 of the Companies Act, 1956, the Official Liquidator is at liberty to submit further report to the Court.
(A.S. GADKARI, J.)