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Bombay High CourtCA/467/2016disposed off

Tax Recovery Ofice Range 2 Mumbai v. The Official Liquidator M/S New Haven Steel Ball Corp Pvt Ltd

2017-11-06Hon'Ble Shri Justice K.R. Shriram6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION M/s. Girdharilal Agrawal & Co.

.. Petitioner New Haven Steel Ball Corporation Pvt. Ltd.

COMPANY PETITION NO. 11 OF 2011 Hwaseung Exwill Co. Ltd.

.. Petitioner New Haven Steel Ball Corporation Pvt. Ltd.

M/s. Madhur Engineers Pvt. Ltd.

.. Petitioner New Haven Steel Ball Corporation Pvt. Ltd.

COMPANY APPLICATION NO. 251 OF 2011 Sunil Dhirajlal Mehta Corporation Pvt. Ltd. (in liqn.) COMPANY PETITION NO. 336 OF 2012 Phoolchand Jain .. Petitioner New Haven Steel Ball Corporation Pvt. Ltd.

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COMPANY PETITION NO. 337 OF 2012 SMC Stainless Alloys Pvt. Ltd.

.. Petitioner New Haven Steel Ball Corporation Pvt. Ltd.

COMPANY APPLICATION NO. 422 OF 2012 Mr. Milan Mehta, Ex-Director of New Haven steel Ball Corporation Pvt. Ltd.

Corporation Pvt. Ltd.(in liqn.) COMPANY APPLICATION NO. 8 OF 2013 Canara Bank Corporation Pvt. Ltd.(in liqn.) COMPANY APPLICATION NO. 377 OF 2013 M/s. D.I. Steel Pvt. Ltd.

Corporation Pvt. Ltd.(in liqn.) 2/6

COMPANY APPLICATION NO. 467 OF 2016 Tax Recovery Office Range Mumbai Corporation Pvt. Ltd.(in liqn.) COMPANY APPLICATION NO. 329 OF 2017 M/s. Kavis Fashions M/s. D.I. Steel Pvt. Ltd. Corporation Pvt. Ltd.(in liqn.) COMPANY APPLICATION NO. 337 OF 2017 Riyassudin Mohammedali Khot & Anr.

.. Applicants Corporation Pvt. Ltd.(in liqn.) Mr.G.B. Kedia for petitioner in CP/74/2011.

Mr.Chandran Singh Shekhawat i/b ALMT Legal for petitioner in CP/336/2012 & CP/337/2012.

Mr. S.P. Kanuga for applicant in CA/377/2012. Mr.Suresh Kumar for applicant in CA/467/2016. Mr.Vijay B. Kanoria for applicant in CA/329/2016. 3/6

Mr.Vachan Bodke i/b M/s. Chitnis Vaithy and Co. for applicant in CA/337/2017.

None for applicant in CA/8/2013.

None for applicant in CA/422/2012.

Mr.Mahendhar Aithe-Company Prosecutor for official liquidator present. CORAM : K.R.SHRIRAM, J.

DATE : 6TH NOVEMBER 2017 P.C.

COMPANY APPLICATION NO. 467 OF 2016 AND COMPANY APPLICATION NO. 377 OF 2013 AND COMPANY APPLICATION NO. 337 OF 2017 Mr.Kanuga appearing in company application No. 377 of 2012, Mr.Bodke appearing in company application No. 337 of 2017 and Mr. Suresh Kumar appearing in company application No. 467 of 2016 for respective Ex-Directors have no objection. The official liquidator also has no objection.

Therefore, the above company applications allowed in terms of prayer clauses (a) and (b) and accordingly disposed. 4/6

COMPANY APPLICATION NO. 422 OF 2012 None for applicant.

Application dismissed.

COMPANY APPLICATION NO. 8 OF 2013 Without the assistance of applicant, who is not present today, this application is taken up for hearing.

The official liquidator has no objection if the application is allowed. Therefore, the company application allowed in terms of prayer clauses (a) and (b) and accordingly disposed. COMPANY APPLICATION NO. 329 OF 2017 The Official Liquidator states that applicant herein has to pay an amount of Rs. 34 crores to the company and an Official Liquidator's Report has already been prepared and copy served upon applicant to which there is no reply.

Mr. Kanoria for applicant states his reply to the OLR is ready and will be filed during the course of today.

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Stand over to 6th December 2017.

It is clarified that the Ex-Directors shall personally remain present in Court on the next date.

(K.R. SHRIRAM, J.) 6/6