The State Trading Corporation Of India Ltd v. Masumi Overseas Pvt Ltd And The Official Liquidator (In Liqn)

1/1 32.CA-568-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.568 OF 2018 IN COMPANY PETITION NO.128 OF 2011 The State Trading Corporation of India Ltd.

....Applicant Vs.

Masumi Overseas Pvt. Ltd.

....Respondent ---- Ms. S.I. Shah for applicant.

Mr. Harihar Bhave a/w. Ms. Rupa Bhave i/b. Bhave and Company for respondent.

Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 19th JUNE 2019 P.C.:

Ms. Shah states that the suit had already been commenced even before the petition was admitted and Official Liquidator was appointed as Provisional Liquidator.

Therefore, as held in Olympus Superstructures Pvt. Ltd. V/s. Meena Vijay Khetan and Anr.1 in my opinion, no leave is required as final winding up order has not been passed and proceedings have been commenced even before the petition was admitted and Provisional Liquidator appointed.

Company application accordingly stands disposed. (K.R. SHRIRAM, J.)

1. 1998 SCC Online Bom 757 Gauri Gaekwad