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Bombay High CourtCA/3/2018dismissed

Bipin Bagadia Share Holder Of Svadeshi Miil Co. Ltd. v. The Official Liquidator Of Svadeshi Mills Company Ltd (In Liqn.)

2018-07-09Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 27.CA3.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.3 OF 2018 IN COMPANY PETITION NO.1068 OF 1997 Bipin Bagadia )....Applicant

IN THE MATTER BETWEEN :

Ralli Brothers & Coney (now known as "Cargill Cotton )....Petitioner V/s.

The Official Liquidator of Swadeshi Mills Co.Ltd. )....Respondent ---- Mr.Bipin Bagadia-applicant in person present. Mr.J.P.Sen, senior Advocate a/w Mr.Onkar Chandurkar for Official Liquidator.

Mr.Amir Arsiwala for Grand View Estate Pvt. Ltd.-secured creditor (on noticee).

Mr.Amol Bavare for Forbes and Co. (secured creditor). [Mr.Mahendhar Aithe-Company Prosecutor for OL present]. ---- CORAM : K.R.SHRIRAM,J DATE : 9.7.2018 P.C.:- 1.

The application is to allow the applicant to be involved in auction proceedings of the assets of the company in liquidation and to participate in preparing terms and conditions and direct Official Liquidator to provide valuation report and other information. The auction proceedings are yet to commence because even the valuation report is not yet ready.

KJ

2/2 27.CA3.18.doc For a moment, I am not considering whether the applicant is entitled to make this application but the fact is the application in any event, is premature.

Application dismissed.

(K.R.SHRIRAM,J) KJ