Sicom Limited v. Official Liquidator Of Suprati Plastics Ltd. (In Liqn)

38-ca530-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.530 OF 2016 IN COMPANY PETITION NO.113 OF 2010 SICOM Limited ...Applicant

IN THE MATTER BETWEEN :

SICOM Limited

...Petitioner

V/s.

Official Liquidator of Suprati Plastics Ltd. (In Liqn.)

...Respondent

Ms.Jaymala Raut for the Applicant.

Mr.Madhur Rao i/b PRS Legal for the Director. Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator. CORAM : R.D. DHANUKA, J.

DATE : 4TH JANUARY, 2017.

P.C. :- 1.

The Company Prosecutor states that the claim of Rs.8,94,334.40 ps. made by the applicant will have to be verified by the Official Liquidator. According to the Official Liquidator, the applicant is entitled to recover an amount of Rs.8,67,017/-. In view of this statement, the Official Liquidator is directed to verify the difference in the amount claimed by the applicant and ascertained by 1/2

38-ca530-16 the Official Liquidator within two weeks from today and shall pay the amount due and payable according to the Official Liquidator to the applicant out of the sale proceeds received from the sale of the property of the company in liquidation expeditiously. 2.

Insofar as prayer clause (b) is concerned, there are other creditors also whose claim will have to be invited by the Official Liquidator. The Official Liquidator is accordingly directed to invite all the claims of other creditors, if any.

3.

Upon receipt of the claims, the Official Liquidator shall adjudicate upon those claims expeditiously. It is needless to state that insofar as the secured creditors are concerned, for the purpose of payment of dividend, the payments would be given on pra-rata basis. 4.

The company application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2