The Bank Of New York Mellon, London Branch v. Zenith Infotech Limited- Cin L30000mh1996plc102705

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 665 OF 2014 IN COMPANY PETITION NO. 28 OF 2012 M/s. The Bank of New York Mellon, London Branch ...

Applicant

IN THE MATTER BETWEEN :

M/s. The Bank of New York Mellon, London Branch ...

Petitioner

Versus

The OL (Zenith Infotech Limited) ...

Respondent Mr. Janak Dwarkadas, Sr. Adv. a/w. Mr. Divij Kishore i/b. AZB & Partners for the Petitioner.

Mr. R. Soni for the Ex-Directors of Zenith Infotech Limited (in liquidation).

Mr. S. Ramakantha, OL, present.

Ms. Yogini Chauhan, Assistant OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 16 TH JANUARY, 2015 P.C.

1.

Mr. R. Soni appears on behalf of the Ex-Directors of Zenith Infotech Limited (in liquidation) and waives service of the Company Application on behalf of Mr. Akash Saraf and Mr. Vijay Mukhi, the ExDirectors of the Company (in liquidation). He states that Mr. Akash Saraf and Mr. Vijay Mukhi shall comply with the requirements of section 545 of the Companies Act, 1956 within a period of one week from today. The

statement is accepted.

2.

The Company Application is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder : "(a) that the Official Liquidator, High Court, Bombay be directed to forthwith provide the following and this Hon'ble Court be pleased to pass such other directions as are necessary to enable the Official Liquidator to do so : (i) Statement of Affairs provided by the directors of Respondent No. 1 Company ;

(ii) Statement, details and status of all assets of which possession has been taken by the Official Liquidator pursuant to the order dated September 2, 2014 (including of fixed deposits maintained by Respondent No. 1 Company and the interest thereon) ;

(iii) Statement of all the assets / investments of Respondent No. 1 Company ;

(iv) Inspection of all records and documents in this regard. (b) the Official Liquidator be directed to share with the Applicant, upon request received from the Applicant, all the information that his office shall receive in future in respect of the Respondent Company."

3.

The Company Application is accordingly disposed of. 4.

Office to forthwith number the above Application. (S.J. KATHAWALLA, J.)