Meena Vilas Veta And 2 ORS. v. Pal Peugeot Ltd Through Official Liquidator Of Bombay High Court
1/2 31-IA-1300-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1300 OF 2020 IN COMPANY PETITION NO. 117 OF 1999 Meena Vilas Veta and Ors.
....Applicants V/s.
M/s. Pal Peugeot Ltd.
Through Official Liquidator of Bombay High Court ....Respondent ---- None for Applicants.
Mr. Mahendhar Aithe, Company Prosecutor present. ---- CORAM : K.R.SHRIRAM, J.
DATED : 9th MARCH 2021.
P.C. :
1.
I have considered the application without assistance of applicant's advocate who has not appeared.
2.
Mr. Aithe states that he has not received a copy of application. 3.
Applicants are legal heirs of one Vilas Kushya Veta (deceased) who died on 06/05/1992 in a motor accident. Applicants succeeded in the claim before the Motor Accident Claim Tribunal, Thane and are relying on judgment dated 28th November, 2005 passed by the Motor Accident Claim Tribunal, Thane under which applicants are entitled to receive Purti Parab
2/2 31-IA-1300-2020.doc compensation of Rs.6,84,464/- with interest @ 7.5% p.a. from the date of application. The order is passed against Opponent Nos.2 and 5 in that application. Opponent No.2 is Premier Automobiles and Opponent No.5 is a private individual. It is alleged in the application that Opponent No.2, i.e., Premier Automobiles in the Execution Application, filed objection stating that it had merged with Pal Peugeot Ltd., which is a company in liquidation and therefore, the Execution Application was not maintainable. Hence, applicants seek a direction to the liquidator to consider applicant's claim as legal heirs of deceased.
4.
Liquidator to consider the application. Applicants are permitted to file their affidavit of proof of debt with the liquidator within six weeks from today and liquidator shall consider the same in accordance with law and in particular whether applicants are entitled to make this claim as legal heirs of deceased. A copy of this order be sent to applicants at the address mentioned in Exhibit "E" to the application.
5.
Interim Application stands disposed.
(K.R. SHRIRAM, J.) Purti Parab