Bombay High CourtCA/566/2014absolute

M/S. Wellbert Pharmaceuticals (Bombay) Pvt. Ltd. v. The Official Liquidator

2015-09-23Hon'Ble Shri Justice S.C. Gupte3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 566 OF 2014 IN COMPANY PETITION NO. 192 OF 2012 M/s Wellbert Pharmaceuticals (Bombay) Pvt. Ltd. ...Applicant In the matter between M/s Healthcaps India Ltd.

...Petitioner

vs M/s Wellbert Pharmaceuticals (Bombay) Pvt. Ltd. Anr...Respondents .....

Mr R Pandey i/b P.V.Dhopatkar for the Applicant. Ms Pratibha Ramaswamy Asstt. O.L. Present.

.....

CORAM : S.C. GUPTE, J.

SEPTEMBER 23, 2015 P.C. :

The Application seeks recall of the winding up order passed exparte on 5 August 2014. The application is on the footing that the Applicant (original Respondent in the Company Petition) could not appear at the hearing of the Petition due to ill-health of its Director. It is submitted that in the reply to the statutory notice the Company has raised bona-fide disputes concerning the alleged debt of the original Petitioner. Besides, Applicant Company's reference under the Sick Industrial Companies (Special Provisions) Act, 1985 has been pending before the BIFR.

None appears today on behalf of the original Petitioner. There is no reply filed by the original Petitioner to the application herein. The Official Liquidator has filed an affidavit in reply. The reply indicates that despite public notice inviting claims, no claim is received from any creditor against the applicant - company.

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In the premises, the Company Application is allowed in terms of prayer clause (a). The ex-parte order dated 5 August 2014 is recalled and set aside. The Company Petition is restored on board. The Applicant is permitted to file a reply opposing the Company Petition. Such reply to be filed within a period of three weeks from today. Place the Company Petition for admission on 19 October 2015. The applicant shall pay costs of the Official Liquidator quantified at Rs.25,000/-.

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CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

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