Abdeali Memaji v. Orbit Corporation Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.268 OF 2019 IN COMPANY PETITION NO.593 OF 2015 Abdeali Mamaji ....Applicant Vs.

Orbit Corporation Limited ....Respondent ---- Mr. Aditya Manjrekar i/b. MLS Vani and Associates for applicant. Ms. Trupti Surve i/b. Mr. Sahil Mahajan for original petitioner. Mr. Shanay Shah a/w. Ms. Kalyani Wagle i/b. T.N. Tripathi and Company for Official Liquidator.

Mr. Mahendhar Aithe, Company Prosecutor present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 6th SEPTEMBER 2019 P.C.:

This is an application for leave under Section 446 of the Companies Act, 1956. First of all, there are no documents annexed to the application as to how applicant has any claim against the company (in liquidation). Applicant has only annexed prayers in the suit proposed to be filed. Prayers (a), (b), (c) and (d) of the proposed suit are only for specific performance of the alleged agreement that applicant had with the company (in liquidation). It is settled law that a suit for specific performance against the Official Liquidator is not maintainable. The role of the Official Liquidator is only to liquidate the assets of the company (in liquidation) and distribute the same in accordance with law. Therefore, granting of leave also would serve no purpose.

Gauri Gaekwad

2/2 34.CA-268-2019.doc Therefore, company application is dismissed.

At the same time, applicant may file, within four weeks, an affidavit of proof of debt with the Official Liquidator, who shall consider the same in accordance with law.

(K.R. SHRIRAM, J.) Gauri Gaekwad