Ravi Aithappa Shetty And Another v. Official Liquidator Of M/S. Woodland Garden Cafe And 8 Others And The Sarswat Co Op Bank (Opponant)

dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 265 OF 2015 IN COMPANY PETITION NO.352 OF 1996 Ravi A. Shetty & Anr.

...Applicants In the matter between Raksha Kirit Gosher

...Petitioner

vs The Official Liquidator of M/s Woodland Garden Cafe & Ors.

...Respondent.

And Saraswat Co-op. Bank Ltd.

...Opponent.

WITH COMPANY APPLICATION (L) NO. 672 OF 2015 AND COMPANY APPLICATION (L) NO.665 OF 2015 AND COMPANY APPLICATION (L) NO.666 OF 2015 IN COMPANY PETITION NO.352 OF 1996 M/s Woodland Garden Cafe ...Applicants In the matter between Raksha Kirit Gosher

...Petitioner

vs The Official Liquidator of M/s Woodland Garden Cafe & Ors.

...Respondent.

And Saraswat Co-op. Bank Ltd.

...Opponent.

.....

Mr Himank Singh i/b Raval Shah for the Applicant in CA No.265 of 2015 Mr Shyam Dewani a/w Pratik Thakkar i/b Dewani Associates for the Applicant in CAL No.665 of 2015, 666 of 2015 and 672 of 2015 Ms Shreya Deshpande i/b K. Phadke & Associates for the Petitioner Ms Prathibha Ramaswamy, Asstt. O.L. Present.

CORAM : S.C. GUPTE, J.

SEPTEMBER 23, 2015 P.C. :

These Company Applications, which concern winding up of Pg 1 of 3

Woodland Garden Cafe are disposed of by this common order. It is agreed between parties that no reasons be stated for the order. Accordingly, the following order is passed:

(i) The Official Liquidator shall take charge of the title deeds of the property situated at Nalanda Shopping Center, Vaikunthlal Mehata Marg, Juhu, Mumbai - 400 058 from Debt Recovery Tribunal ('DRT'). The DRT shall handover the title deeds to the Official Liquidator;

(ii) Such taking of charge of documents shall be without prejudice to the rights and contentions of the parties in these Applications; (iii) The Official Liquidator shall make a report about the ownership of Woodlands Garden Cafe, the firm in liquidation, in respect of the property described above and seek directions for taking over of possession of the property as part of the administration of assets in winding up. Such report shall be made after giving notice and hearing of the parties to these Company Applications. The report shall be made within a period of four weeks from today; (iv) After the report is made, the parties shall be given notice thereof. The parties shall be entitled to be heard in the matter before the report is disposed of;

(v) All rights and contentions of the parties in respect of the ownership of the property described above are kept open; (vi) Company Application No.265 of 2015, and Company Application (L) Nos. 672 of 2015, 665 of 2015 and 666 of 2015 are disposed of accordingly.

( S.C.GUPTE J. ) Pg 2 of 3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

Pg 3 of 3