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Bombay High CourtCA/241/2015disposed off

J. B. Chemicals And Pharmaceuticals Ltd. v. The Official Liquidator And Another

2015-03-26Hon'Ble Shri Justice S.J. Kathawalla2 pages

YBG calod185-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION LOD.NO.185 OF 2015 IN COMPANY PETITION NO.601 OF 2009 IN OFFICIAL LIQUIDATOR REPORT 453 OF 2015 M/s. J.B.Chemicals & Pharmaceuticals Pvt. Ltd.

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Petitioners and Office of Provisional Liquidator ..

Petitioner -VersusArtek Organics Pvt. Ltd.

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Respondents Mr.Jitendra J. Shah for applicant Mr.Rajendra Khadelwal Ex-Director of respondent company in person Ms.Yogini Chauhan, Asstt. O.L. Present.

CORAM

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S.J.KATHAWALLA, J.

DATE :

26th March 2015.

P.C.

1] The applicants J.B.Chemicals and Pharmaceuticals Ltd. have purchased the land belonging to the company in liquidation namely Artek Organics Pvt. Ltd., being Plot No.204/C in the Panoli Industrial Estate of Gujarat Industrial Development Corporation (GIDC) being Survey No.204/D, 241/D and 243/D situated within the village limits of Sanjali, (said plot) more particularly described in para 1 of the affidavit in support of the company application.

YBG calod185-15 2] Admittedly the said plot was sold on "As is Where is" basis to the purchaser. The purchaser has now moved this Court with the above application stating therein that there are 300 drums of chemicals stored on the said premises, which need to be disposed of. He has informed the Court that, he, therefore, needs a letter from the Official Liquidator addressed to the Regional Officer, Gujarat Pollution Control Board, seeking permission for disposal of the said chemicals. A draft of the said letter is tendered in court. It is taken on record and marked "X" for identification. 3] The Official Liquidator has also expressed his willingness to issue the said letter to the Regional Officer, Gujarat Pollution Control Board in terms of the draft marked "X" herein. The Official Liquidator is, therefore, permitted to issue letter in terms of draft marked "X" herein. Application is disposed of. Destruction of the chemicals shall be at the cost of the purchaser. ( S.J.KATHAWALLA, J.)