Metamorphosis Trading Llp v. Innoventive Industries And ANR

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.11.17 17:46:07 +0530 6 ia 3648 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3648 OF 2022 IN COMPANY PETITION NO.468 OF 2013 Metamorphosis Trading LLP ...

Applicant and Innoventive Industries ...

Petitioner versus Kumar Motors Pvt. Ltd.

...

Respondent Ms. Ireesha Jethamalani i/by Mr. Rahul Agarwal, for Applicant. Mr. Shanay Shah, for Official Liquidator.

CORAM: N.J.JAMADAR, J.

DATE:

th NOVEMBER, 2022 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the Applicant submits that the Applicant could not make the deposit of the amount with the Official Liquidator towards the expenses incurred by the Liquidator in terms of the order dated 27 th July, 2022 within the stipulated period. The learned Counsel seeks extension of time to make the payment. 3.

The learned Counsel for the Official Liquidator informed the Court that the expenses of liquidation which were quantified at Rs.14,14,379/- as of 31 st March, 2022 have since increased. The Applicant may be required to deposit approximately Rs.10 Lakhs more towards the expenses incurred by the Liquidator. SSP 1/2

6 ia 3648 of 2022.doc 4.

The Liquidator shall serve a requisition demanding the expenses on the Applicant, by 21 st November, 2022. The Liquidator shall account for the expenses that may be required to be incurred till 30th November, 2022. Thereupon, Applicant shall make the said deposit as per the requisition of the Liquidator on or before 30th November, 2022.

5.

In case the deposit is not made on or before 30th November, 2022, the order dated 27 th July, 2022 shall stand recalled without further reference to the Court. ( N.J.JAMADAR, J. ) SSP 2/2