Rajyog Extrusion Pvt. Ltd. 9formerly Known As Shubhalaxmi Extrusion Pvt. Ltd.) v. Official Liquidator

Nitin 1 / 2 970-CAL-358-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINALCIVIL JURSIDICTION COMPANY APPLICATION (L) NO. 358 OF 2015 IN COMPANY PETITION NO. 314 OF 2015 M/s. Rajyog Extrusion Private Limited ...

Applicant

IN THE MATTER BETWEEN :

Aura Impex Private Limited ...

Petitioner

Versus

M/s. Rajyog Extrusion Private Limited ...

Respondent Ms.Priyanka Mishra i/b. Mr.Anil Agarwal for the Petitioner. Mr.Totla i/b. Mr.Sankalp A. for the Respondent. Mr.S. Ramakantha, OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 8 TH MAY, 2015 P.C.

1.

Perused the order dated 22nd December, 2014. Since there was default on the part of the Company in making payment as recorded in the said order dated 22nd December, 2014, the Official Liquidator took possession of the Company. The Respondent has now paid entire amount due to the Petitioner. However, before setting aside the order dated 22nd December, 2014, the claims of workers / creditors of the Company were invited. However, no claims were received from the workers / creditors of the Company by the office of the Official Liquidator.

Nitin 2 / 2 970-CAL-358-2015 2.

The learned Advocate appearing for the Petitioner states that the claim of the Petitioner as regards invoice No. E-27 dated 4th January, 2013 they shall file appropriate Suit against the Company. The statement is accepted.

3.

The winding up order dated 22nd December, 2014 stands set aside and the Official Liquidator shall handover the records / assets of the Company to the Director of the Company upon payment of cost of Rs.25,000/- within a period of one week from today. 4.

The cost of Rs.25,000/- shall be credited to the office expenses account.

5.

The above Company Application is accordingly disposed of. (S.J. KATHAWALLA, J.)