Emami Limited v. Globe Apartment Pvt. Ltd. Cin No. U70100mh1988ptc046815

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1133 OF 2015 WITH OFFICIAL LIQUIDATOR'S REPORT NO.181 OF 2019 Emami Limited )....Petitioner V/s.

Globe Apartment Pvt. Ltd.

)....Respondent ---- Ms.Kathleen Lobo a/w Mr.Vaisakh Shaji I/by Khaitan and Co. for petitioner.

Mr.P.D.Prasad Rao for respondent.

[Ms.Usha Mehta-ex-director of respondent company present]. [Mr.Suhas Sawant-Dy.Official Liquidator present]. ---- CORAM : K.R.SHRIRAM,J DATE : 17.7.2019 P.C.:- OFFICIAL LIQUIDATOR'S REPORT NO.181 OF 2019 1.

Not on board. Taken on board.

2.

Ms.Lobo for petitioner states further to order dated 17.6.2019 the settlement and proposed withdrawal of the petition has been given in `Free Press Journal' and `Navshakti' on 27.6.2019. Ms.Lobo tenders an affidavit of one Santosh Shelar affirmed on 11.7.2019 to substantiate what was stated to the Court. Mr.Sawant Dy.Official Liquidator states that they have not received any opposition

2/3 following the notice and therefore, the Court may allow withdrawal of the petition but subject to reliefs sought in Official Liquidator's Report No.181 of 2019.

3.

In this report, the Liquidator is claiming to be paid sum of Rs.1,00,000/- as cost of the Liquidator and sum of Rs.7,664/- to be paid to the Advocate who was appointed by the Official Liquidator in the matter.

4.

Mr.Rao for the ex-directors states that the ex-directors will have no problems paying Advocate's fees of Rs.7,664/- but in view of the financial condition of the company, requests that the Court may not allow the amount of Rs.1,00,000/- but leaves it to the Court to fix reasonable amount.

5.

Having considered the facts and circumstances of the case, I direct the ex-director to pay sum of Rs.50,000/- as costs to Official Liquidator and Rs.7,664/- towards Advocate's fees. The total amount of Rs.57,664/- shall be paid within one week from today. Official Liquidator's Report accordingly disposed.

3/3 COMPANY PETITION NO.1133 OF 2015 6.

Mr.Rao on instructions from Ms.Usha Mehta-Ex-director states that all compliances are met with and there are no objections received opposing the withdrawal of the petition and prays that winding up order be re-called and petition be treated as dismissed as withdrawn.

7.

Petition dismissed as withdrawn and Official Liquidator is discharged. At the same time, the withdrawal of the petition and discharge of the Official Liquidator will come into effect only upon payment of amount of Rs.57,664/- to Official Liquidator. (K.R.SHRIRAM,J)