Venkat Manikrao Shinde v. The Official Liquidator Of Ssv Engineers Pvt Ltd (In Liqn)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 690 OF 2015 M/s. Sudalloys Pvt. Ltd.

... Petitioner V/s.

M/s. SSV Engineers Pvt. Ltd.

... Respondent WITH COMPANY APPLICATION NO. 463 OF 2018 Venkat Manikrao Shinde ... Applicant In the matter between M/s. Sudalloys Pvt. Ltd.

... Petitioner V/s.

The Official Liquidator M/s. SSV Engineers Pvt. Ltd. (in Liqn) ... Respondent ----- Mr. Devendra Tiwari I/b Siddharth Murarka for Petitioner. Mr. Prathamesh Kamat a/w Mr. C.N. Mehta I/b MMK Law Associates for Applicant/ original Respondent.

Ms. M. P. Thakur for Security Agency.

Mr. Suhas Sawant, Dy. Official Liquidator present. CORAM : K.R. SHRIRAM, J.

DATE : 03rd OCTOBER, 2018 P.C.:

.

Mr. Kamat appearing for Applicant states that following the order dated 29.08.2018, the proposed recall of winding up order and withdrawal of petition was advertised in 'Free Press Journal' and 'Navshakti' and relies upon the affidavit of Applicant affirmed on 24.09.2018. Mr. Kamat on instructions states that in Sneha Chavan 1/2

14 cp 690-15=.doc response to the advertisement, five claims were received and all five claims have been settled.

Mr. Devendra Tiwari instructed by Siddharth Murarka states that Mr. Murarka was concerned for all five parties and all five parties have received their claim amount in full and final settlement. Mr. Tiwari states that he has no objection if the winding up order is recalled. At this stage, Ms. Thakur states even the claim of security guards has been paid and she has no objection. Ms. Thakur states that she would lodge the claim with Official Liquidator for paying over the amounts to the security guards. The Official Liquidator to consider the same and disburse it in accordance with law. Petition is restored and dismissed as withdrawn. The Official Liquidator states that he has spent time and made effort in the winding up process and prays costs be paid to the Official Liquidator. The Company to pay sum of Rs.50,000/- as costs to Official Liquidator and this amount to be paid within one week from today. Official Liquidator will stand discharged only upon this amount being paid.

Application disposed.

(K.R. SHRIRAM, J.) Sneha Chavan 2/2