Nilanjan Roy v. Gol Offshore Ltd. (Official Liquidator)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 49 OF 2020 IN COMPANY PETITION NO. 756 OF 2014 Nilanjan Roy ...

Applicant/Plaintiff vs.

GOL Offshore Ltd. (In Liqn) ... Defendants Mr. Aditya Khare for the Applicant.

Mr. Mahendhar Aithe, Company Prosecutor, Official Liquidator. CORAM : A. K. MENON, J.

th JUNE, 2022 DATED : 29 P.C. :

1.

This interim application seeks a direction against the liquidator to admit the maritime claim to the extent of Rs.8,21,284/- and to set aside order dated 3 rd December, 2019 passed by the liquidator rejecting the claim. At the hearing today it has been made clear to the learned counsel for the applicant that the court cannot direct admission of the claim without an inquiry in the matter.

2.

Learned counsel for the applicant states that he is willing to appear Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.07.01 16:38:31 +0530 before the liquidator and make out his case if the order is set aside. The RAJESHWARI RAMESH PILLAI 1/2 904-IA-49-2020-CP-756-2014.odt rrpillai

Liquidator no objection to that course of action. Accordingly I pass the following order :

(i) Order dated 3 rd December, 2019 at Exhibit K is set aside. (ii) Additional documents, if any shall be filed on or before 15 th July, 2022 (iii) Liquidator shall grant a fresh hearing on 11 th August, 2022 at 12.00 noon provided additional documents are filed. (iv) If no additional documents are filed by 15 th July, 2022 the matter will be heard and decided on that date.

(v) Interim Application disposed in the above terms. (A. K. MENON, J.) 2/2 904-IA-49-2020-CP-756-2014.odt rrpillai