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Bombay High CourtCA/321/2013disposed off

Tata Capital Financial Services Ltd. v. Hiranandani Palace Gardens Pvt.Ltd., Cin No.U70100mh2006ptc161657

2015-02-25Hon'Ble Shri Justice S.J. Kathawalla2 pages

cp 366 of 2013 (945).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.366 OF 2013 Tata Capital Financial Services Ltd.

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Petitioner versus Hiranandani Palace Gardens Pvt. Ltd.

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Respondent WITH COMPANY APPLICATION NO.321 OF 2013 AND COMPANY APPLICATION (L) NO.579 OF 2013 WITH COMPANY PETITION NO.904 OF 2014 Actis Technologies Pvt. Ltd.

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Petitioner versus Hiranandani Palace Gardens Pvt. Ltd.

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Respondent Mr. Virag Tulzapurkar, Senior Advocate with Mr. Sachin Chandarana with Ms. Lipsa Unadkat i/by M/s. Manilal Kher Ambalal and Co., for Petitioner in CP No.366 of 2013.

Mr. Sneh Mehta with Ms. Juhi Mathur i/by M/s. Wadia Gandhy and Co., for Petitioner in CP No.904 of 2014.

CORAM: S.J. KATHAWALLA, J.

DATE: 25th FEBRUARY, 2015 P.C.

1.

Since the Respondent Company - Hiranandani Palace Gardens Pvt. Ltd., is already ordered to be wound up by an order of this Court dated 5th February, 2015, in Company Petition No. 668 of 2014, the Petitioner in the above Company Petition shall file their claim before the Official Liquidator. 2.

The Official Liquidator shall adjudicate the claim of the Petitioner ssp 1/2

cp 366 of 2013 (945).sxw within a period of six months from the date of receipt of the claim from the Petitioner.

3.

In the event of the order passed by this Court dated 5th February, 2015 being set aside for any reason, the Petitions herein shall revive and shall be placed before this Court for Admission.

4.

In the event of the Company filing an Appeal against the order passed by this Court dated 5th February, 2015 in Company Petition No. 668 of 2014, the Advocate for the Company shall forward a copy of the same to the Advocate for the Petitioner and also give them written notice of any Application/s proposed to be made/moved before the Appeal Court. 5.

The above Company Petitions as well as Company Applications are accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2