Bhavna Jayesh Pandya v. The Official Liquidator Of (Shuraguwa Industries Pvt Ltd (In Liquidn)
22.CA-101-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.101 OF 2014 IN COMPANY PETITION NO.424 OF 2014 Bhavna Jayesh Pandya ....Applicant
IN THE MATTER BETWEEN :
Amey Marketing Syndicate ....Petitioner Vs.
The Official Liquidator of Shuraguwa Industries Pvt. Ltd. (In Liqn.) ....Respondent ---- Mr. Chetan B. Raithatha i/b. J.M. D'silva for the applicant. Ms. Pratibha Ramaswamy, Assistant Official Liquidator present. ---- CORAM : K.R.SHRIRAM,J DATE : 6th January, 2016 P.C.:- This application is filed by the ex-director of the company seeking re-adjudication of her claim which is at Exhibit -1 to the application.
It is alleged by the applicant that the company is indebted to her in the sum of Rs.72,000/- plus interest of Rs.2,12,458/- at 18% p.a. aggregating to a sum of Rs.2,91,658/-. Admittedly there are no minutes of the meeting or board resolutions of the company permitting the applicant to make any payment on behalf of the company from her Gauri Gaekwad
22.CA-101-2014 personal funds. Infact it is also stated that a sum of Rs.500/- has been paid after winding up order was passed. No intimation was given to the Official Liquidator before making any payment. It is necessary to mention here that the applicant's husband who was also director of the company (in liquidation) had made a similar demand on the Official Liquidator which also came to be rejected by the Official Liquidator and the company application challenging the order of rejection being company application no.65 of 2014 also came to be rejected by an order dated 18th July, 2014.
I find no merits in the application. The Official Liquidator has correctly rejected the claim of the applicant. Therefore, the question of directing the Official Liquidator to re-adjudicate the claim of the applicant does not arise.
The company application, therefore, stands dismissed. (K.R.SHRIRAM,J) Gauri Gaekwad