C. D. Safety And Security Serivces Pvt Ltd v. The Official Liquidator Of Reacto Industries Ltd (In Liqn.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.217 OF 2018 IN COMPANY PETITION NO.735 OF 1997 M/s.C.D.Safety & Security Services Pvt. Ltd.)....Applicant And Times Guaranty Ltd.

)....Petitioner V/s.

The Official Liquidator of M/s.Reacto ) Paper Industries Ltd.(In Liqn.) )....Respondent ---- Ms.Molina P.Thakur for the applicant.

[Mr.Mahendhar Aithe-Company Prosecutor for OL present]. ---- CORAM : K.R.SHRIRAM,J DATE : 9.7.2018 P.C.:- 1.

The applicant has approached this court for payment of the outstanding security charges payable to the applicant for the period 28.9.2016 to December-2017. Ms.Thakur for the applicant states that as the application was filed on 7.3.2018, the applicant has sought payment only upto December-2017. The applicant is continuing to render security services as on date. Ms.Thakur states that therefore, court should direct the Liquidator to pay security charges upto date. In the affidavit in reply filed by the Official Liquidator affirmed on 2.7.2018, it is stated that the charges of the applicant was KJ

2/2 40.CA217.18.doc not paid because the Official Liquidator could not obtain an order from this court ratifying the appointment of the applicant as security agency, and this Liquidator could not achieve because of heavy pressure of work. From the affidavit in reply, it does not appear that the Official Liquidator otherwise has any objection. To avoid multiplicity of proceedings, I am inclined to ratify the appointment of the applicant as security agency. Official Liquidator to pay the necessary charges of security agency after ascertaining that the same are payable upto date. Mr.Aithe-Company Prosecutor states that all efforts will be made to release the payment within 4 weeks.

Application disposed.

(K.R.SHRIRAM,J) KJ