Seaco Global Limited v. Fourcee Infrastructure Equipments Pvt. Ltd. Cin No. U51909mh2002ptc135662
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 411 OF 2016 Seaco Global Limited ....Applicant V/S Fourcee Infrastructure Equipments Pvt. Ltd.
....Respondent WITH Seaco Global Limited ....Petitioner V/S Official Liquidator, H.C.
Bombay, Fourcee Infrastructure Equipments Pvt. Ltd.
(in Liqn) And 4 Ors.
....Respondents WITH COMPANY PETITION NO. 549 OF 2015 Firstrand Bank Ltd.
....Petitioner V/S Fourcee Infrastructure Equipments Pvt. Ltd.
....Respondent WITH COMPANY PETITION NO. 1278 OF 2015 Edelweiss Asset Reconstruction Company Limited ....Petitioner V/S Fourcee Infrastructure Equipments Pvt. Ltd.
....Respondent WITH COMPANY PETITION NO. 161 OF 2016 M/s HDFC Bank Ltd.
....Petitioner V/S Fourcee Infrastructure Equipments Pvt. Ltd.
....Respondent WITH 1/7
COMPANY APPLICATION (LODGING) NO. 446 OF 2016 COMPANY PETITION NO. 161 OF 2016 M/s HDFC Bank Ltd.
....Petitioner V/S Fourcee Infrastructure Equipments Pvt Ltd.
(in Liqn.) And 2 Ors.
....Respondents WITH COMPANY APPLICATION (LODGING) NO. 510 OF 2017 Ge Seaco Services Ltd.
....Petitioner V/S Fourcee Infrastructure Equipments Pvt Ltd.
And Ors.
....Respondents WITH COMPANY APPLICATION NO. 658 OF 2017 COMPANY PETITION NO. 549 OF 2015 Firstrand Bank Ltd.
....Applicant V/S The Official Liquidator Of Fourcee Infrastructure Equipments Pvt. Ltd.
....Respondent Mr. Rahul Narichania, senior advocate a/w. Mr. Prathamesh Kamat, Mr. Gautam Bhatikar and Mr. Roshan Pinto i/b Kochhar and Co. for Petitioner CP/663/2014 and Applicant in CA/411/2016;
Mr. Jay Choksi i/b Law Frame for Noma Infrastructure Pvt. Ltd. Mr. Anoop Bhamlani, Senior Advocate a/w Mr. B.S. Nagar, Mr. Bidan Chandran and Ms. Poonam i/b Global Law for Respondent Company and for Applicant in CAL/510/2017;
Ms. Debashree Dey i/b M/s. Desai & Diwanji for Petitioner in CP/1278/2015;
Mr. Parikshit Desai i/b Hiren Mehta for petitioner in CP/161/2016 and applicant in CAL/446/2016;
Mr. O. A. Das for Applicant in CA/658/2017 and for petitioner in CP/549/2015.
Mr. Mahindhar Aithe, company prosecutor for official liquidator. 2/7
CORAM : K.R.SHRIRAM, J.
DATE : 8TH JANUARY 2018 P.C.
COMPANY APPLICATION NO. 658 OF 2017 COMPANY PETITION NO. 549 OF 2015 Shri Bhamlani, senior advocate appearing for Ex-directors of the company states that containers mentioned at Exh.'E' to the application do belong to/hypotheticated to applicant. Shri Bhamlani states that he has no objection if the application is allowed in terms of prayer clause (1). Shri Aithe, company prosecutor for official liquidator states that the ex-directors have not provided any details in respect of these 248 containers. Having heard Shri Das for applicant, Shri Bhamlani for ex-directors of the company and also having considered the affidavit in support and not finding any affidavit opposing the application, the application is allowed in terms of prayer clause (1). Prayer clause (1) and Exh.'E' read as under : "(1) that this Hon'ble Court may be pleased to permit the Petitioners/Applicant to sell the containers more particularly stated in the Exhibit "E" hereto by Private sale, "as is where is basis".
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The company application accordingly disposed. COMPANY APPLICATION NO. 411 OF 2016 Mr. Bhamlani, senior advocate appearing for Ex-directors, on instructions, states that Ex-directors have no objection if the containers are returned to the applicant/petitioner subject to they satisfying the official liquidator that the containers actually belong to the them. The official liquidator though served a copy of this application more than three months ago, has not filed any affidavit opposing the application. Be that as it may, the official liquidator can take possession only of those assets that belonged to respondent company.
If applicant/petitioner is able to submit evidence to the official liquidator that the assets which the official liquidator has taken possession of, either physical or symbolic, actually belong to applicant/petitioner and not the company, or are either owned by applicant/petitioner or taken on demise or under some other agreement or arrangement from third party and given to respondentcompany for use under the agreement which is the subject matter of the company petition, the official liquidator to hand over those containers.
Company Application accordingly disposed.
Rights of Depots/Yards where the containers are stored to charge such ground rent for those containers are kept open. COMPANY APPLICATION (LODGING) NO. 510 OF 2017 Stand over to 30th January 2018. To be listed only if all objections are removed and application is numbered.
(K.R. SHRIRAM, J.) 7/7