Swani Spice Mills Private Limited (Factory Division) v. The Official Liquidator Of M/S. Indage Vintners Ltd.

ca 384 of 2014 (926).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.384 OF 2014 IN COMPANY PETITION NO.156 OF 2012 Brand Finance (India Pvt. Ltd.

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Petitioner and Swani Spice Mills P. Ltd.

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Applicant versus The Official Liquidator of M/s. Indage Vinters Ltd. ...

Respondent Mr. S. Nagvadaria i/by Mr. Prem G. Gidwani, for Applicant. Ms. Pratibha, Asstt. Official Liquidator, present. CORAM: S.J. KATHAWALLA, J.

DATE: 29th APRIL, 2015 P.C.

1.

By the above Company Application, the Applicant seeks the following relief :

(a) that the Applicant be allowed to join the Respondent as party in Bombay City Civil Court being Suit NO.3844 of 2012 ( High Court Summary Suit No.1890 of 2012) with consequential amendments;

2.

The Suit filed by the Applicant before the City Civil Court, Bombay, is to recover the dues of the Applicant from the Company in liquidation. The Applicant is admittedly the unsecured creditor of the ssp 1/2

ca 384 of 2014 (926).sxw Company in liquidation. The Applicant shall therefore file his claim before the Official Liquidator which shall be adjudicated by the Official Liquidator. In the event of the claim being filed by the Applicant, the Official Liquidator shall adjudicate the same within six months from the date of receipt of the claim. The Company Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2