M/S.Seawaves Trades Ltd. v. The Official Liqudator, High Court,Bombay Of Ms.Red Star Trading Co.Pvt.Ltd.

1/2 CA243.14-39

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.243 OF 2014 IN COMPANY PETITION NO.594 OF 2009 M/s.Seawaves Trades Ltd )....Applicant

IN THE MATTER BETWEEN :

Mr.Dashrath K.More )....Petitioner V/s.

The Official Liquidator of M/s.Red ) Star Trading Co. Pvt.Ltd.

)....Respondent ---- Mr.Sanket Thorat for the applicant.

Mr.R.R.Varma i/by A.M.Saraogi for respondent. Mr.Pola Raghunath, Deputy Official Liquidator present. ---- CORAM : K.R.SHRIRAM,J DATE : 29.1.2018 P.C.:- Mr.Thorat for applicant states that further to the order dated 11.12.2017 read with order dated 19.12.2017, applicant gave advertisement in `Free Press Journal' in English and in `Navshakti' in Marathi, both Mumbai edition on 26.12.2017. On record, there is an affidavit of one Jayprakash B. Varma affirmed on 8.1.2018. The Deputy Official Liquidator states that they have not received any claim or objections.

The application is allowed in terms of prayer clauses-(a) KJ

2/2 CA243.14-39 and (b) which read as under :- "(a) the delay of 605 days in filing the present application be condoned on such terms as this Hon'ble Court may deem fit and proper ;

(b) this Hon'ble Court to pass appropriate order that the order dated 14th August, 2009 and 23rd September, 2010 passed in Company Petition No.594 of 2009 be set aside and/or withdrawn and, the Official Liquidator so appointed pursuant to the said orders be discharged on such terms as this Hon'ble Court may deem fit and proper."

In the circumstances, petition dismissed as withdrawn. Applicant to pay sum of Rs.25,000/- as cost to the Official Liquidator which amount to be paid within two weeks from today. Official Liquidator will stand discharged only upon payment of costs. (K.R.SHRIRAM,J) KJ