Dattatraya Waman Chitale v. The Official Liquidator For Chitale Agricultural Products Ltd.
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 284 OF 2014 IN COMPANY PETITION NO. 40 OF 1967 WITH COMPANY APPLICATION (L) NO. 580 OF 2015 Dattatraya Waman Chitale ...Applicant Anant Sadashiv Netravali
...Petitioner
vs.
The Official Liquidator for Chitale Agricultural Products Ltd.
...Respondent
Mr.Rahul Narichania, Senior Advocate with Mr.Prathamesh Kamat i/b. Rajani Associates for Applicant in CA 284/2014.
Mr.Sharan Jagtiani for Official Liquidator.
Mr.Satish Raut for Applicant in CAL 580/2015. Mr.S. Ramakantha, Official Liquidator with Ms.Yogini Chauhan, Asstt.OL. CORAM : S.C. GUPTE, J.
16 SEPTEMBER 2015 P.C. :
1.
The learned Senior Counsel appearing on behalf of the Applicant seeks to withdraw the present Company Application with liberty to file a fresh proposal / application for revival of the Company.
2.
The Company Application is allowed to be withdrawn with liberty as sought.
3.
Needless to add that the Official Liquidator shall not distribute / dispose off the assets of the Company without leave of this Court. 4.
The Official Liquidator has already indicated whatever record he is in possession of and what he has disclosed so far in the affidavit. The Liquidator is directed to make one last attempt to trace all papers regarding lodging of claims
2/3 by the Official Liquidator with the Collector / Government. In case the Liquidator does not indicate that he has any further record within a period of four weeks from today, the Court shall proceed on the footing that the Official Liquidator does not have any further record.
5.
The Liquidator, in the course of these four weeks, shall also write to the Collector / Government with a view to ascertain the lodgment of claims and correspondence in connection with the claims, if any, and shall report the matter to the Court.
6.
In the event, the Official Liquidator finds any further record including record / information received in response to the clarifications made with the Collector / Government, the Liquidator shall share the same with the Applicant. 7.
In view of the disposal of the present application, the accompanying company application, namely, Company Application No.580 of 2015, which is for intervention in the present company application, does not survive and the same is disposed of with liberty to the Applicant in Company Application No.580 of 2015 to apply for an appropriate relief as and when a fresh application is filed by the Applicant in pursuance of the liberty reserved by this order. (S.C. Gupte, J.)
3/3 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order :