Pratap Jagganath Patil v. Sicom Ltd. (Formerly Known As Sate Industrial And Investment Corporation Of Maharashtra Ltd.) And 2

10-ca138-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.138 OF 2019 IN COMPANY PETITION NO.200 OF 2014 Pratap J. Patil ...Applicant

IN THE MATTER BETWEEN :

SICOM Ltd.

...Petitioner

V/s.

The Official Liquidator of Shree Marathwada Paper Mills Pvt. Ltd. (In Liqn.) Ors.

...Respondents

Mr.Sandesh Shukla with Mr.Vivek Patil i/b M/s.Vivek Patil & Associates for the Applicant.

Mahendhar Aithe, Company Prosecutor the Official Liquidator present.

CORAM : R.D. DHANUKA, J.

DATE : 2ND JANUARY, 2020.

P.C. :- 1.

Learned counsel appearing for the applicant tenders a copy of email dated 19th December,2019 addressed by the applicant to the learned advocate on record requesting the learned advocate on record to inform this Court that the applicant is not in a position to deposit any amount for the purpose of defending the suit described in prayer clause (a) of the application. 2.

Learned counsel invited my attention to the prayers in the said suit which indicate that several reliefs are sought against the company in liquidation. The proceedings are filed before the Civil 1/2

10-ca138-19.doc Judge (Senior Division), Aurangabad and is pending. 3.

I have also heard the learned Company Prosecutor. He states that if this Court is inclined to grant leave to the applicant, the applicant be directed to deposit sufficient amount to defend the company in liquidation before the Civil Judge (Senior Division), Aurangabad.

4.

The company application is made absolute in terms of prayer clause (a) on the condition that the applicant deposits a sum of Rs.50,000/- with the Official Liquidator within four weeks from today and further amount as may be requisitioned by the Official Liquidator within two weeks from the date of receipt of requisition. It is made clear that if the amount is not deposited within the time prescribed, the order passed by this Court granting relief in terms of prayer clause (a) to stand vacated without further reference to the Court.

(R.D. DHANUKA, J.) 2/2