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Bombay High CourtCP/330/2013company wound up

Wazir Financial Services Pvt. Ltd. v. Aanjaneya Lifecare Ltd., Cin No.U24230mh2006ptc158589

2016-01-12Hon'Ble Shri Justice K.R. Shriram6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.330 OF 2013 Wazir Financial Services Pvt. Ltd.

....Petitioner V/s.

Aanjaneya Lifecare Ltd.

....Respondents WITH COMPANY PETITION NO.414 OF 2013 COMPANY PETITION NO.534 OF 2013 COMPANY APPLICATION 238 OF 2014 COMPANY PETITION NO.247 OF 2014 COMPANY PETITION NO.271 OF 2014 COMPANY PETITION NO.328 OF 2014 COMPANY APPLICATION 422 OF 2014 COMPANY PETITION NO.348 OF 2014 COMPANY PETITION NO.889 OF 2014 ---- Mr.Siddharth Murarka for the petitioner in CP 330/2013. Adv.Zhahib Derajiwale i/by Vidhi Partners for petitioner in CP 348/2014.

Adv.Nikhil Chandavia i/by K.Ashar & Co. for petitioner in CP 328/2014.

Adv.Dipti Shah for petitioner in CP 271/2014. Mr.Chetan Kapadia & Mr.Himanshu U.Pradhan Counsels i/by M/s.Chitnis & Co. for the respondent-company. Mr.Abhinav Chandrachud with Shavlesh Shukla i/by J.Sagar Associates for petitioner in CP 247/2014.

Ms.Pratibha Ramaswamy Asstt. Official Liquidator present. ---- CORAM : K.R.SHRIRAM,J DATE : 12.1.2016 P.C.:-

This is a group of eight petitions which were admitted on 18.2.2015 and the liquidator was appointed. The liquidator has taken possession of all the assets of the company. All the petitioners herein are unsecured creditors.

The counsel appearing for the company states that the liability to the petitioners are admitted and the court may make the petitions absolute. At the same time, the counsel also submits that the Official Liquidator be directed to dispose of the assets as soon as possible so that best price can be obtained.

The petitions are therefore, made absolute in terms of prayer clauses-(a) and (b) and accordingly stand disposed. Prayer clauses-(a) and (b) in each petition read as under :- COMPANY PETITION NO.330 OF 2013 (a) that the respondent company namely Dr.Datsons Labs Limited (formerly known as Aanjaneya Lifecare Ltd) AANJANEYA LIFECARE LTD. having its registered office at K-4/1, Additional MIDC, Mahad-402309, Dist. Raigad be wound up by and under the orders, direction and supervision of this Hon'ble court ;

(b) that the Official Liquidator or some other fit and proper person be appointed as Liquidator of the Respondent Company with all powers under the Companies Act 1956 to take charge of the Respondent Company and to conduct its affairs during the course of its winding up.

COMPANY PETITION NO.414 OF 2013 (a) that the respondent company namely Dr.Datsons Labs Limited having its registered office at K-41/1, Additional

MIDC, Mahad-402309, and office at Aanjaneya House, Plot No.34, Postal Colony, Chembur, Mumbai-400071, Maharashtra, India be ordered to be wound up by and under the directions, supervision and control of this Hon'ble court under the provisions of the Companies Act, 1956; (b) that the Official Liquidator, High Court, Mumbai or some other fit and proper person be appointed as the Liquidator of all the businesses, assets, investments, properties, income and books of accounts of the Respondent Company with all the powers under the provisions of the Companies Act, 1956.

COMPANY PETITION NO.534 OF 2013 (a) that the respondent company namely M/s.Aanjaneya Lifecare Ltd be wound up by and under the order and direction of this Hon'ble court under the provision of the Companies Act, 1956 ;

(b) that the Official Liquidator, High Court, Bombay be appointed as the Liquidator of the M/s.Aanjaneya Lifecare Ltd., with all powers under the Companies Act 1956 to take charge of the assets of the company and conduct it affairs in the course of winding up.

COMPANY PETITION NO.247 OF 2014 (a) that the company viz. Dr.Datsons Labs Limited (formerly known as Aanjaneya Lifecare Limited) be wound up by and under the order and directions of this Hon'ble court under the provision of the Companies Act, 1956 ;

(b) the Official Liquidator be appointed as the Liquidator of the Respondent Company to take charge of the assets, books of account and properties of the Respondent company with all powers under the provisions of the Companies Act, 1956.

COMPANY PETITION NO.271 OF 2014 (a) that the said company namely Dr.Datsons Labs Limited, formerly known as Aanjaneya Life Care Limited having its registered office at K-4/1, Additional MIDC, Mahad-402309, Dist. Raigad be ordered and directed to be wound up by and

under the directions of this Hon'ble court under the provisions of the Companies Act, 1956;

(b) that the Official Liquidator, High Court, Bombay or some other fit and proper person be appointed as the Liquidator of the assets, properties and income as also the business of the said company with all powers under the Companies Act, 1956.

COMPANY PETITION NO.328 OF 2014 (a) that the company viz. Dr.Datsons Labs Limited (formerly known as Aanjaneya Lifecare Limited) be ordered to be wound up by and under the orders and directions of this Hon'ble court under the Companies Act, 1956 ; (b) that the Official Liquidator of this Hon'ble Court, or some other fit and proper person be appointed as Liquidator of DR. DATSONS LABS LTD. (Formerly known as Aanjaneya Lifecare Ltd.) with all powers under the provisions of the Companies Act, 1956.

COMPANY PETITION NO.348 OF 2014 (a) that company be ordered and decreed to be wound up by and under the orders and directions of this Hon'ble court; (b) that the Official Liquidator of this Hon'ble Court, or some other fit and proper person be appointed as Liquidator of the company with all powers under the Companies Act, 1956. COMPANY PETITION NO.889 OF 2014 (a) that this Hon'ble Court be pleased to order the Respondent Company M/s.Aanjaneya Lifecare Ltd., be wound up under and in accordance with relevant provisions of the Companies Act, 1956 ;

(b) that this Hon'ble Court be pleased to appoint the Official Liquidator to take charge of the assets, properties and affairs of the Respondent Company.

The counsel appearing for the company states that one secured creditor i.e., Bank of Baroda has taken out company application seeking direction against Official Liquidator to hand over possession of all the assets of the company that have been mortgaged/hypothecated to the bank and that application is listed tomorrow. The counsel also states that the Official Liquidator's report No.624/2015 is also listed tomorrow along with the company application wherein the Official Liquidator is seeking leave of the court to invite offers for sale of the immovable/movable assets of the company. Therefore, further steps regarding sale of the assets can be decided after hearing the secured creditors, Official Liquidator and the petitioning-creditor.

The official liquidator shall forthwith act on a copy of this order duly authenticated by the Associate of this court without waiting for any notification.

(K.R.SHRIRAM,J)

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