Navin Keswani v. The Official Liquidator Of M/Sa Luplex India Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 721 OF 2014 WITH COMPANY APPLICATION NO. 406 OF 2015 IN COMPANY PETITION NO. 721 OF 2014 HNG Float Glass Limited .. Petitioner Vs.

Aluplex India Pvt. Ltd.

.. Respondent And Fuso Glass India Pvt. Ltd.

.. Claimant (Creditor) Mr.C.N.Mehta i/b MMK Law Associates for petitioner. Mr.Sahil Mahajan for respondent.

CORAM : K.R.SHRIRAM, J.

DATED : 9TH DECEMBER, 2015 P.C.

This application is filed by an ex-director of the company for setting aside order dated 5.02.2015 by which the respondent-company-M/s. Aluplex India Private Limited was directed to be wound up and the official liquidator, High Court, Bombay was appointed as the liquidator of the respondent-company.

By an order dated 17.03.2015, this Court has directed the official liquidator to issue advertisements in Free Press Journal in English and Navshakti in Marathi inviting claims from workmen/creditors of the 1/3

respondent-company and also clarify that if any claims are not received before the next date, the Court shall proceed to hear the above company application and pass appropriate orders including setting aside of the exparte order dated 5.02.2015. The official liquidator confirms that the notice, as directed by this Court, has been issued. The official liquidator also states that pursuant to the said notice, only one claim was received till date. The counsel appearing for the petitioner states that the only claim was from one Fuso Glass India Private Limited whose claim has been settled as per the consent terms dated 9.12.2015 which is tendered across the bar. The said consent terms is signed by the representatives of the claimant/creditor, respondent-company and their respective advocates. The consent terms is taken on record and marked 'X' for identification. Order in terms of the consent terms.

The company application stands disposed in terms of prayer clauses (a) and (b).

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In view of the above, the company petition accordingly stands disposed.

This order is conditional upon the respondent-company paying a sum of Rs.25,000/- to the official liquidator within two weeks from today. (K.R. SHRIRAM, J.) 3/3