E.U.Medicaments v. Mission Vivacare Limited

5-CAL197-16.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 197 OF 2016 IN COMPANY PETITION NO. 479 OF 2011 L. & T. Finance ...Applicant In the matter between E. U. medicaments

...Petitioner

Versus

Mission Vivacare Limited

...Respondent

Mr. Chetan Yadav, for the Applicant.

Ms. Jasmine Upadhye, i/b M. V. Kini & Co., for Bank of India. Mr. Sanjay Varma, Assistant Official Liquidator, High Court, Bombay, present.

CORAM: G.S. PATEL, J DATED:

14th March 2016 PC:- 1.

The application is for a limited relief. The Applicant states that it sold the materials more particularly described in paragraph 3 of the Affidavit in Support of the Application to the Respondent on 8th September 2011. The sale price was Rs. 5,40,000/-. Against this sale, the Respondent was required to issue Form-H. This form is necessary to be filed with the VAT Department to claim Central Sales Tax exemption.

5-CAL197-16.DOC 2.

The Applicant states that the Respondent itself did not furnish this Form-H despite reminders. In the meantime, the Respondent went into liquidation and the Official Liquidator was appointed. The Official Liquidator has been unable to hand over Form-H to the Applicant despite several requests so since the premises of the Company are sealed. The Official Liquidator is unable to state whether the necessary Form-H is filled up and ready. The Applicant has, however, obtained information in the form of a confirmation email from an Ex-Director of the Respondent, a copy of which is annexed Exhibit "D" at page 9 to the Affidavit in Support. This document only says that the exDirector is unable to assist the Applicant since the Official Liquidator is appointed. It does not clearly say that the necessary Form-H is readily at hand.

3.

The Official Liquidator is directed to check the papers and records in the registered office of the Respondent Company and ascertain whether the necessary Form-H in the name of the Applicant is ready. If it is, the Official Liquidator will hand it over to the Advocate for the Applicant and obtain a suitable receipt. If not, the Official Liquidator's representative is directed to draw up, sign and issue the necessary Form-H with the Official Liquidator's signature and official stamp. The Ex-Director of the Company, Mr. Akshay Mehta, who issued the communication at page 9 is directed to assist the Official Liquidator in this exercise. 4.

The Company Application is disposed of in these terms. (G. S. PATEL, J.)