← Library
Bombay High CourtCA/159/2017disposed off

Arunkumar Durgaprasad Parasrampuria v. Official Liquidator Of M/S Shree Durga Cotton Mills (Dami) Pvt. Ltd.

2018-04-23Hon'Ble Shri Justice K.R. Shriram2 pages

9.ca.159.17.cp.9.1971.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 159 OF 2017 WITH OFFICIAL LIQUIDATOR'S REPORT NO. 165 OF 2017 IN COMPANY PETITION NO. 9 OF 1971 Arunkumar Durgaprasad Parasrampuria .. Applicant Vs.

Official Liquidator of Shree Durga Cotton Mills (Dami) Pvt. Ltd.

.. Respondent Ms.Sheetal Shah i/b M/s. Mehta and Girdharlal for applicant. Mr. Mahendhar Aithe, company prosecutor for official liquidator present. CORAM : K.R.SHRIRAM, J.

DATE : 23RD APRIL 2018 P.C.

At the outset, Shri Aithe, company prosecutor submitted that in payer clause (c), the words "for payment of dividend of 34 workers" to be read as "for payment of dividend to 390 Ordinary creditors". The same is explained in an affidavit filed by one Pankaj Srivastava affirmed on 10th April 2018 at paragraph no.8.

Ms.Shah appearing for the applicant states that if the Court is inclined to grant prayer clause (a), then applicant will not press the remaining prayer clauses, as Ms. Shah states that prayers were included as applicant had filed application as party in person. Shraddha Talekar PS 1/2

9.ca.159.17.cp.9.1971.doc Shri Aithe states that the official liquidator's report itself mentions about declaring dividend at 20 paise per rupee to 390 Ordinary Creditors which includes the applicant.

The OLR is allowed in terms of prayer clauses (a), (b) and (c) with the corrections mentioned in prayer clause (c) as noted above and accordingly disposed.

In view of above, company application also stands disposed. The office of the official liquidator to process papers and see that dividend is paid within four weeks from today. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2