Sbi Factors And Commercial Services Ltd. (Now Known As Sbi Global Factors Ltd.) v. The Official Liquidator, Of M/S. Enkay Texofood Industries Ltd (In Liquidation)

ca 437 of 2014 (924).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.437 OF 2014 IN COMPANY PETITION NO.694 OF 2000 SBI Factors and Commercial Services Ltd.

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Applicant and Mukand Global Finance Ltd.

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Petitioner versus The Official Liquidator of M/s. Enkay Texofood Industries Ltd. ( in Liqn.) ...

Respondent Ms. Shyama Parkar i/by M/s. M.P.Rege and Co., for Applicant. Mr. S. Ramakantha, Official Liquidator, present. CORAM: S.J. KATHAWALLA, J.

DATE: 23rd JANUARY, 2015 P.C.

1.

The above Company Application is taken out by the Applicant for the following relief :

"(a) that this Hon'ble Court be pleased to grant leave under Section 446 of the Companies Act, 1956 to the Applicants herein to proceed further in the Summary Suit No.557 of 2000 filed by them in this Hon'ble High Court and pending against Enkay Texofood Industries Ltd. ( in Liqn) and to bring the Official Liquidator on record in place and stead of ENKAY TEXOFOOD INDUSTRIES LTD. ( IN Liquidation)";

2.

The Applicant is one of the secured creditors of the ssp 1/2

ca 437 of 2014 (924).sxw Company and has filed the Summary Suit No.557 of 2000 against the Company and its Directors ( as guarantors) for recovery of its dues. In view thereof, the Company Application is allowed in terms of prayer clause (a). 3.

The Company Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2