Vyankatesh Pidiyar v. The Official Liquidator Of Emprocell Clinical Research Pvt. Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINALCIVIL JURSIDICTION COMPANY APPLICATION (L) NO. 221 OF 2015 IN COMPANY PETITION NO. 81 OF 2013 Vyankatesh Pidiyar ...

Applicant

IN THE MATTER BETWEEN :

Lok Beta Pharmaceuticals (Ind) Pvt.Ltd.

...

Petitioner

Versus

The OL of M/s. Emprocell Clinical Research Private Limited ...

Respondent Mr.C.N. Mehta i/b. MMK Law Associates for the Applicant. Mr.A.Bapat i/b. Satendra Kumar for the Petitioner. Mr.S. Ramakantha, OL, present.

Dr.Vyankatesh Pidiyar-Applicant, present.

Ms.Daria Syvokon, Finance Director of the Respondent, present. CORAM : S.J. KATHAWALLA, J.

DATED : 8 TH MAY, 2015 P.C.

1.

On 17th April, 2015 this Court passed the following order : "1. By the above Company Application, the Applicant Company seeks recall of the order dated 6-2-2015 by which the Applicant Company was ordered to be wound up. Before proceeding with the hearing of the matter, the Official Liquidator is directed to issue advertisement in

2 / 3 Freeformat-I Press Journal (in English) and Navshakti (in Marathi) inviting claims from the workers / creditors of the Company in the format of advertisement as provided by the Office of the Official liquidator. The Official Liquidator shall also state in the said advertisement that the above Company Application is filed by the Company for setting aside the order of winding up dated 6-2-2015 which is placed for hearing before this Court on 6-5-2015 and any party desirous of objecting to the reliefs claimed in the said Application may remain present before this Court on 6-52015 at 11 a.m., failing which the Court shall proceed to hear the Application on merits and pass necessary orders. Stand over to 6-5-2015".

2.

The Official Liquidator informs the Court that the order dated 17th April, 2015 has been complied with and that he has not received any claims from the workers / creditors of the Company in response to the said advertisement.

3.

The learned Advocate appearing for the Respondent has handed over demand drafts / cheques of Rs.4,43,66,583/- to the Petitioner. Out of the said amount of Rs.4,43,66,583/-, an amount of Rs.4,50,000/- has been paid in cheque. In view thereof, the order passed by this Court dated 6th

3 / 3 February, 2015 is set aside subject to realization of cheque of Rs.4,50,000/-.

4.

The Company Application is accordingly disposed of. (S.J. KATHAWALLA, J.)