Official Liquidator v. Dhanshree Developers Private Limited Cin U45201mh2006ptc163716

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO.100 OF 2019 In the matter of Companies Act, I of 1956 And In the matter of M/s.Dhanshree Developers Pvt. Ltd. (In Vol. Liqn.) ---- M/s.Sandeep Steel )....Petitioner ---- Mr.Swapan Samdani I/by G.S.Manasavda for ex-directors. Mr.Mahendhar Aithe-Company Prosecutor for OL. Mr.Devendra Tiwari I/by Law Chamber of Siddharth Murarka for org. Petitioner.

---- CORAM : K.R.SHRIRAM,J DATE : 28.6.2019 P.C.:- 1.

Heard the Liquidator and also considered the Report. Mr.Samdani for ex-directors Mr.S.A.Borkar and Mr.D.D.Borkar, states that within one week, ex-directors will comply with the requirements of Section 454 of the Companies Act 1956 and also hand over the books of accounts along with inventory to the Official Liquidator. I have to note that the Liquidator is justified in seeking the prayers in the Report. Official Liquidator's Report is allowed in terms of prayer KJ

2/2 8.OLR100.19.doc clauses-(a) and (b) which read as under :- "(a) That this Hon'ble Court may be pleased to permit the Official Liquidator to file Criminal complaint under Section 454(5) of the Companies Act, 1956 read with Rule 132 of the Companies (Court) Rules, 1959, against Mr.Shankarrao Ambrushi Borkar and Mr.Deepak Dyanoba Borkar ex-director(s) of the company (In Liquidation) ;

(b) That this Hon'ble Court may be pleased to direct Mr.Shankarrao Ambrushi Borkar and Mr.Deepak Dyanoba Borkar ex-director(s) to hand over the books of accounts of the company (In Liquidation) along with inventory to the Official Liquidator."

2.

In view of the statement made by Mr.Samdani, this order will take effect on 8.7.2019 if ex-directors do not file statement of affairs and hand over books of accounts along with inventory to the Liquidator.

Official Liquidator's Report disposed.

(K.R.SHRIRAM,J) KJ