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Bombay High CourtCA/330/2014disposed off

Fredrick L. Correa v. The Official Liquidator And Liquidator Of M/S. Modistone Ltd. (In Liquidation)

2015-03-25Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 956-CA-330-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 330 OF 2014 IN COMPANY PETITION NO. 166 OF 2002 Fredrick L. Correa ...

Applicant

IN THE MATTER BETWEEN :

BIFR ...

Petitioner

Versus

The OL of M/s. Modistone Limited ...

Respondent Mr. L.R. Castelino for the Applicant.

Ms. Pratibha, Assistant OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 25 TH MARCH, 2015 P.C.:

1.

Perused the above Application and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Application, the Application is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) That this Hon'ble Court be pleased to pass an order or direction to the Respondent to offer inspection of the file in respect of claim No. 1271 standing in the name of the Applicant in the record maintained by the Respondent. (b) That this Hon'ble Court be pleased to allow the Applicant

Nitin 2 / 2 956-CA-330-2014 to file additional Affidavit of Proof of debt for the amount which is legally entitled by the Applicant after the inspection of the claim No. 1271 standing in the name of the Applicant in pursuance to para 9 of my Affidavit in support and readjudicate the same on merits". 2.

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