Goradia Impex Private Limited v. The Offcial Liquidator As Liquidator Of M/S Sehgal Fine Forge Private Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.400 OF 2014 IN COMPANY PETITION NO.31 OF 2011 Goradia Impex Pvt. Ltd.

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Applicant and M/s. Edge Steels Pvt. Ltd.

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Petitioner versus The Official Liquidator of M/s. Sehgal Fine Forge Pvt. Ltd.

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Respondent Mr. R.S.Tripathi, 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 this Hon'ble Court be pleased to grant leave under Section 446 of the Companies Act, 1956 tot he Applicant herein to proceed further in the matter of Summary Suit No.3308 of 2012 ( High Court Summary Suit No.1181 of 2012) filed by the Applicant herein against Sehgal Fine Forge Pvt. Ltd. ( in liqn. ) in the Hon'ble Bombay City Civil Court, Mumbai";

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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 an unsecured creditor of the Company in liquidation. The Applicant shall therefore file its claim before the Official Liquidator which shall be adjudicated by the Official Liquidator within six months from the date of receipt of the same. The Company Application is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2