Gayatri P Jhaveri And Another v. Sheetal Atulya Mafatlal And 2 ORS.

1/2 CNPCP17.17-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.17 OF 2017 IN COMPANY APPLICATION NO.533 OF 2017 WITH COMPANY APPLICATION NO.1058 OF 2015 Gayatri P.Jhaveri and Anr.

)....Petitioners V/s.

Mrs.Sheetal Atulya Mafatlal & Ors.

)....Respondents WITH OFFICIAL LIQUIDATOR REPORT NO.457 OF 2014 OFFICIAL LIQUIDATOR REPORT NO.205 OF 2015 OFFICIAL LIQUIDATOR REPORT NO.380 OF 2016 ---- None for petitioners.

Mr.Sharan Jagtiani for Official Liquidator.

Ms.Ferzana Behramkamdin i/by FZB and Associates for Atulya Mafatlal.

Mr.Shrikant V.Doijode a/w Ms.Rashne Mulla Feroze i/by Doijode Asociates for Sheetal Mafatlal.

Mr.Mahendhar Aithe-Company Prosecutor for OL present. ---- CORAM : K.R.SHRIRAM,J DATE : 14.3.2018 P.C.:- Mr.Jagtiani for the Official Liquidator states that the contempt petition has been taken out by one Gayatri Jhaveri. Ms.Behramkamdin states that Gayatri Jhaveri is neither a shareholder nor a director of the company and has no locus to take out Contempt Petition. Be that as it may, Mr.Jagtiani states that contempt primarily alleged is for non compliance of the directions given in paragraph-21 KJ

2/2 CNPCP17.17-24 of the order dated 7.12.2015 and in response, respondent no.2 has filed two affidavits. Mr.Jagtiani states that whether two affidavits satisfy the requirements of the Official Liquidator or whether it is in strict compliance with the directions given in paragraph-21 or not is a separate issue and that will be agitated at the time of hearing of the Official Liquidator Report.

In view of the statement made by Mr.Jagtiani, respondent no.2 having complied with the directions given in paragraph-21 and having filed 2 affidavits, without going into the merits of the affidavits, I do not see any reason why this contempt petition should be retained on file.

Contempt petition disposed accordingly.

(K.R.SHRIRAM,J) KJ