Phoenix Arc Private Limited v. Standard Embroidery Pvt.Ltd. (Cin U17290mh2004ptc145215)

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29. CP 329-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.329 OF 2014 Phoenix Asset Reconstruction Company Private Limited .. Petitioner

Versus

Standard Embroidery Pvt Ltd ..Respondent .....

Mr. Nikhil Rajani i/b Deshpande & Co. for the Petitioner. Mr. Shashank Fadia i/b Priyanka S. Fadia for the Respondent. Mr. Mahendra Aithe, Company Prosecutor is present. .....

CORAM : S.C.GUPTE, J.

DATE : 2 MAY 2016.

P.C. :

.

In pursuance of a self operative order of winding up, the Respondent-Company was ordered to be wound up for non-payment of installments. There was a default on the part of the Respondent and the winding up order came into effect. Now, it appears that the Petitioner's dues are fully repaid and there is no outstanding payment on the part of the Respondent. The Official Liquidator, who is appointed as Liquidator of the Company, will have to issue an appropriate public notice calling for claims of creditors and workmen against the Respondent-Company. Accordingly, the Official Liquidator shall issue a public notice giving minimum three weeks' period for the creditors and workmen to make their claims. This public notice may be issued on behalf of the Official Liquidator by the Petitioner itself, after having a draft of such notice approved from the Official Liquidator's office. The Official Liquidator shall

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29. CP 329-14.doc prepare his report in respect of the claims, if any, received against the Respondent. The report to be submitted alongwith this Company Petition on the next date. Stand over to 15 June 2016. (S.C.GUPTE, J.)