Kachhar Bhimaji Gaikwad v. The Official Liquidator Of M/S Modistone Ltd (In Liquidation )

23-ca569-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.569 OF 2015 IN COMPANY PETITION NO.166 OF 2002 Kachhar B. Gaikwad ...Applicant

IN THE MATTER BETWEEN :

BIFR

...Petitioner

V/s.

The Official Liquidator and Liquidator of M/s.Modistone Ltd. (In Liqn.)

...Respondent

Mr.Leo Castelino for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present.

CORAM : R.D. DHANUKA, J.

DATE : 4TH JANUARY, 2017.

P.C. :- 1.

By this company application the applicant seeks order and direction against the Official Liquidator to offer inspection of the documents contained in the file maintained by the respondent in respect of Claim No.366 standing in the name of the applicant and seeks permission to file additional affidavit of proof of deft. 2.

Learned counsel appearing for the applicant does not dispute that inspection of the documents contained in the said file is 1/2

23-ca569-15 already furnished to the applicant.

3.

In view of Rule 764 of Company (Court) Rules, 1959, the applicant will have to file an appeal against the decision of the Official Liquidator and can apply for condonation of delay. The applicant however, has not filed any appeal so far.

4.

The company application is accordingly disposed of in aforesaid terms with liberty to the applicant to file an appeal and with an application for condonation of delay.

5.

No order as to costs.

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