Dhairyasheel Patil v. Official Liquidator And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.706 OF 2018 IN OFFICIAL LIQUIDATOR REPORT NO.150 OF 2016 Dhairyasheel Patil ..Applicant In the matter between M/s Savitri Leasing & Finance Ltd.

..Petitioner Vs.

The Official Liquidator & Ors ..Respondents Mr. Nitesh Bhutekar for Applicant Mr. Umesh Shetty a/w Mr. Ajai Fernandes and Ms Sneha Pandey i/b Motiwalla and Co. for Respondent No.2 Mr. Mahendhar Aithe, Company Prosecutor present CORAM : K.R.SHRIRAM, J.

DATE : 7th JUNE 2019 P.C.:

This application is taken out by applicant who was successful bidder to purchase three Porsche cars in the auction conducted by Mumbai Port Trust pursuant to the directions passed by this court in the winding up of Shreyans Motors Pvt Ltd. Mr. Bhutekar states that applicant had purchased these three cars on the assumption that all three cars were having diesel engine, but one out of three cars turned out to be a petrol engine car. After application was heard for sometime, Mr. Bhutekar sought leave to withdraw the application but requested that Regional Transport Office should be directed to register this one car as petrol engine car and not diesel engine car. Mr. Shetty for respondent no.2 tenders copy of an

2/3 email dated 13th July 2018 that was received by respondent no.2 from Porsche-Mumbai.in, which states that the concerned car at item no.6 and fuel type shown as petrol. Copy of the said email is taken on record and marked as "X" for identification and for ease of reference is scanned and reproduced hereinbelow:

3/3 Regional Transport Office shall consider this email and satisfy itself that the fuel type for the concerned vehicle is petrol and if it is petrol, shall register the same as petrol vehicle.

Company application accordingly stands disposed. All to act upon authenticated copy of this order. (K.R. SHRIRAM, J.)