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Bombay High CourtCA/621/2014disposed off

M/S Clean Air-Tech India Private Limited Through Ex-Diector,Mr. Layique Ziyauddin Hasan v. Official Liquidator Of M/S Clean Air -Tech India Private Limited

2015-03-25Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 920-CA-620-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 620 OF 2014 IN COMPANY PETITION NO.561 OF 2013 M/s. Clean Air Tech India Private Limited ...

Applicant

IN THE MATTER BETWEEN :

Mr. Magalram K. Choudhary ...

Petitioner

Versus

Official Liquidator of M/s. Clean Air-Tech India Private Limited ...

Respondent AND COMPANY APPLICATION NO. 621 OF 2014 IN COMPANY PETITION NO. 643 OF 2013 M/s. Clean Air Tech India Private Limited ...

Applicant

IN THE MATTER BETWEEN :

Simplex Trading Company ...

Petitioner

Versus

Official Liquidator of M/s. Clean Air-Tech India Private Limited ...

Respondent Mr. S.A. Bhaskar for the Applicant / Respondent in both CAs. Ms. Seema N. Navale i/b. M/s. Mahesh Shah & Company for the Petitioner in CP No. 561 of 2014.

Mr. NileshDas i/b. Zarhak Steels Limited.

CORAM : S.J. KATHAWALLA, J.

DATED : 25 TH MARCH, 2015 P.C.:

Nitin 2 / 2 920-CA-620-2014 1.

By an order dated 30th October, 2014 the Company - M/s. Clean Air Tech India Private Limited has been wound up. Thereafter, the above Applications seeking recall of the winding up order have been filed. In view thereof, the Company Registrar was directed to issue advertisements inviting claims from the workers / creditors of the Company. M/s. Zarhak Steels Limited has in response to the said advertisement filed its claim against the Company for Rs.10,31,746/-. The claims made by the Petitioners in Company Petition No. 891 of 2014 and Company Petition No. 900 of 2014 are also binding.

2.

The learned Advocate appearing for the Company states that the Company is trying to settle all the pending claims of its creditors. In view thereof, no orders as prayed can be passed in the above Applications at present, save and except that the Company is granted liberty to take out a fresh Application for setting aside the said order of winding up dated 30th October, 2014 may be filed by the ex-director of the Company as and when the claims of the creditors of the Company are settled by them. 3.

The above Applications are accordingly disposed of. (S.J. KATHAWALLA, J.)