M/S. Tekno Steels And Forgings Pvt. Ltd. v. The Official Liquidator Of M/S. Tekno Steels And Forgings Pvt. Ltd.

sat 1/1 ca 751-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 751 OF 2015 IN COMPANY PETITION NO. 202 OF 2014 Rachna Air Components Pvt.Ltd.

...Petitioner

vs.

M/s.Tekno Steels & Forgings Pvt.Ltd.

...Respondent / Applicant

and The Official Liquidator of the Respondent M/s.Tekno Steels & Forgings Pvt.Ltd.

...Official Liquidator Mr.Prashan P. Prabhu for Applicant.

Mr.Mandar Soman for Petitioner.

Ms.Yogini Chauhan, Asstt OL present.

CORAM : S.C. GUPTE, J.

12 AUGUST 2015 P.C. :

The company application seeks recall of a winding up order passed by this Court on 28 February 2015 in respect of the Applicant company. The order was passed exparte. The circumstances in which the Applicant (Respondent company to the original company petition) could not appear before the Court on the date of hearing have been set out in the affidavit in support of the company application. The entire dues of the Petitioning Creditor have been paid by the Applicant, since the passing of the order. It is, therefore, in the interest of justice that ex-parte order of winding up passed on 28 February 2015 be set aside and recalled.

Accordingly, the application is made absolute in terms of prayer clause (a). The Applicant shall pay costs of Official Liquidator quantified at Rs.25,000/-. The application is disposed of.

The symbolic possession by the Official Liquidator of the factory premises stands vacated.

(S.C. Gupte, J.)