The Sub Divisional Officer,Thane And ANR v. The Official Liquidator Of Mafatlal Engineering Industries Ltd (In Liqn) And ANR

907 cal 333 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.333 OF 2019 IN COMPANY PETITION NO.743 OF 1990 The Sub Divisional Officer, Thane & Anr.

...

Applicants and United Metachem Pvt. Ltd.

...

Petitioners versus The Official Liquidator of M/s. Mafatlal Engineering Industries Ltd. ( in liqn. ) and Anr.

...

Respondents Mr. G.

W.Mattos, AGP, for Applicant in CA(L) No.333 of 1999. Mr. Rohan Cama, for Official Liquidator.

Mr. Arun Siwach with Ms. Prachi M. Vasudeo i/by Mr. Cyril Amarchand Mangaldas, for Plaintiff in Suit No.3156 of 1999.

Mr. Nikhil Rajani i/by V. Deshpande & Co., for Defendant No.8A in Suit No.3156 of 1999.

Ms. S.G.Roy with Mr. P. Shetty i/by Vidhii Partners, for Defendant Nos.10A, 11 and 12 in Suit No.3156 of 1999.

Mr. G.S.Hegde with Ms. P. M. Bhansali, for CA(L) No.673 of 2018. Ms. Ashwini Rane i/by Ms. Neeta Karnik, for Bambai Mazdoor Union. Ms. Molina Thakur, for Workers.

Mr. Indrajit Mukherjee, the authorized representative of Resolution Professional of Defendant Nos.11 and 12.

CORAM: S.J. KATHAWALLA, J.

DATE:

9th OCTOBER, 2019 ( In Chambers ) P.C.:

1.

The report submitted by Mr. Amol Shetgiri dated 5 th October, 2019 is taken on record. Copies of the same be handed over to the Advocates for the parties upon payment of requisite copying charges. Without prejudice to the rights and SSP 1/2

907 cal 333 of 2019.doc contentions of the parties, the Applicants i.e. Sub Divisional Officer, Thane and MRVCL, are allowed to deposit an amount of Rs.29,26,147/- with the Official Liquidator within four weeks from today. This amount shall be in addition to the amount of Rs.35 Crores already deposited by the Applicants. 2.

The Company Application is accordingly disposed of. However, the issue as to whether the possession of land should be handed over to the Applicants as prayed for in the report shall be decided on the adjourned date. 3.

Copy of the order pronounced on 16 th July, 2019 by the National Company Law Tribunal, Mumbai Bench, in CP No.3962/IBC/NCLT/MB/MAH/2018 initiating corporate insolvency resolution process of Defendant Nos.11 and 12 is taken on record.

( S.J.KATHAWALLA, J. ) SSP 2/2