Elastobon Products (India) Pvt Ltd v. Vir Rubber Products Pvt Ltd And ANR

1/2 41 CA 668-17 in OLR 229-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 668 OF 2017 IN OFFICIAL LIQUIDATOR REPORT NO. 229 OF 2016 IN COMPANY PETITION NO. 14 OF 2013 M/s. Elastobond Products (India) Private Limited ....Applicant In The Matter Between Industrial Agencies ....Petitioner V/s.

M/s. Vir Rubber Products Private Limited ....Respondents ---- None for Applicant.

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

DATED : 12th JANUARY 2021.

P.C. :

1.

The primary grounds of grievance against the adjudication order dated 4th October, 2017 passed by the Official Liquidator is : (a) the adjudication was based on the limited records and statements available in affidavit-in-reply dated 20th July, 2017 in OLR No.229 of 2016.

(b) Prior to adjudication, the liquidator did not give a personal hearing or call upon applicant to file further documents to justify its claims.

Purti Parab

2/2 41 CA 668-17 in OLR 229-16.doc 2.

Mr. Shah states that if the court directs, the liquidator will give personal hearing to the applicant who may also submit further documents if adviced. In my view, this is a fair suggestion. 3.

In the circumstances, applicant is directed to submit further documents within two weeks from today. The liquidator will consider the documents, give a personal hearing and pass order in four weeks thereafter. 4.

Application accordingly disposed.

5.

The liquidator to forward a copy of this order to the applicant latest by 14th January, 2021.

(K.R. SHRIRAM, J.) Purti Parab