Ganpat Maruti Repale v. The Official Liquidator Of M/S Modistone Ltd In Liquidation

12-ca331-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.331 OF 2014 IN COMPANY PETITION NO.166 OF 2002 Ganpat M. Repale ...Applicant

IN THE MATTER BETWEEN :

B.I.F.R.

...Petitioner

V/s.

The Official Liquidator of M/s.Modistone Ltd.

...Respondent

Mr.Leo Ronald Castelino for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator. CORAM : R.D. DHANUKA, J.

DATE : 24TH FEBRUARY, 2017.

P.C. :- 1.

Learned counsel appearing for the applicant states that pursuant to an order passed by this Court on 3rd February, 2017, the Official Liquidator has already furnished the inspection of the file in respect of claim No.558 to the applicant.

2.

Learned Company Prosecutor invited my attention to the order dated 2nd April, 2017 which was passed by the learned Official Liquidator while making adjudication of the claim filed by the workmen, including the applicant herein. Learned counsel for the 1/2

12-ca331-14 applicant states that his client has not challenged the order passed by the Official Liquidator and seeks to challenge the said order. At this stage, I am thus not inclined to allow the applicant to file any additional affidavit about of the proof of debt and to direct the Official Liquidator to adjudicate the same on merits.

3.

The company application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2