The Official Liquidator High Court Bombay v. M/S.Sand Piper Resorts Ltd

olr 205 of 2016 (905).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO.205 OF 2016 IN COMPANY PETITION NO.519 OF 2013 In the matter of the Companies Act, I of 1956;

In the matter of M/s. Sand Piper Resorts Ltd. ( in Liqn. ) Riyaz Ahmed Lambay @ R.F.Lambay ...

Petitioner Ms. Lambay, for Petitioner.

Mr. Kothari, for India SME Reconstruction Co. Pvt. Ltd. Ms. Yogini Chauhan, Dy. Official Liquidator, present. CORAM: S.J. KATHAWALLA, J.

DATE: 13 th JULY, 2016 P.C.:

1.

Perused the Report. The Report is allowed in terms of prayer clauses (a), (b) and (c), which are reproduced hereunder : "(a)In view of para (4) of this Report, whether this Hon'ble Court would be pleased to permit the Official Liquidator to invite the claims from the workers/creditors in terms of Rule 148 of the Companies (Court) Rules, 1959, by publishing the Notice of Invitation of claims in the News papers i.e. in once in "Free Press Journal ( English), "Navshakti" (Marathi) both published from Mumbai and once in "Raigad Times" in English, published from Raigad through M/s. Admire Publicity Pvt. Ltd., an advertising ssp 1/2

olr 205 of 2016 (905).sxw agency and M/s. India SEM Assets Reconstruction Company Pvt. Ltd., Assignee of Bank of Baroda may be directed to pay advertisement charges of advertisement agency that may be raised by them;

(b)In view of para (5) of this Report, this Hon'ble Court may be pleased to dispense with the issuance of individual notices to the workers/creditors in terms of Rule 148(2) of the Companies (Court) Rules, 1959;

(c) In view of para (6) of this Report, this Hon'ble Court may be pleased to get the adjudication of claims done from panel Chartered Accountant and M/s. India SME Assets Reconstruction Company Pvt. Ltd., Assignee of Bank of Baroda, may be directed to pay the professional fees of the Chartered Accountant that may be raised by them;"

2.

However, the professional fees payable to the Chartered Accountant shall be fixed by this Court. The Report is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2