Akkshay G. Mehta v. Official Liquidator Of Mission Vivacare Ltd.

Nitin 1 / 2 920-CA-36-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 36 OF 2015 IN COMPANY PETITION NO. 479 OF 2011 ALONG WITH OLR NO. 99 OF 2015 Akkshay G. Mehta ...

Applicant

IN THE MATTER BETWEEN :

L & T Finance Limited ...

Petitioner

Versus

The OL of Mission Vivacare Limited ...

Respondent Mr.D.P.Desai for the Applicant.

Ms.S.I. Joshi i/b. M/s. S.I. Joshi and Company for the Petitioner. Mr.Rohit Gupta a/w. Mr. Nikhil Rajani i/b. M/s. V. Deshpande and Company for Kotak Mahindra Bank Limited.

Mr.S. Ramakantha, OL, present.

Ms.Yogini Chuhan, Assistant OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 30 TH APRIL, 2015 P.C.

1.

Perused the Company Application and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Company Application, the Company Application is allowed in terms of prayer clause (a), which is reproduced hereunder :

"(a) that this Hon'ble Court be pleased to direct the Official

Nitin 2 / 2 920-CA-36-2015 Liquidator, High Court, Bombay to handover possession of the office premises admeasuring approximately 490 sq.ft. on the 1st floor of Drug House lying and being situated at 54 B, Drug House, Procter Road, Mumbai - 400007".

2.

The Official Liquidator shall handover possession of the said property to the Applicant within a period of two weeks from today. In the meantime, the movables / records lying in the said premises shall be shifted to Ghatkopar branch office of the Company (in liquidation). 3.

This order shall in no way prejudice the proceedings filed and / or to be filed by L & T Finance Limited and / or Kotak Mahindra Bank Limited. Needless to add that in the said proceedings the parties are at liberty to raise all contentions.

4.

In view of the above order, the Official Liquidator's report No. 99 of 2015 stands disposed of.

5.

The above Application is accordingly disposed of. (S.J. KATHAWALLA, J.)