Edelweiss Asset Reconstruction Company Ltd. v. Classic Diamonds (I) Ltd. (In Liquidation) And Another

1/2 CA683.17-69

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.683 OF 2017 IN COMPANY PETITION NO.317 OF 2012 Edelweiss Asset Reconstruction Company Ltd.)....Applicants ICICI Bank Ltd.

)....Petitioner V/s.

M/s.Classic Diamonds (I) Ltd. & Ors.

)....Respondents ---- Mr.Chetan Kapadia a/w Mr.Dinesh bhatia and V.Purohit i/by Manilal Kher Ambalal and Co. for the applicants.

[Mr.Mahendhar Aithe-Company prosecutor for OL present.] ---- CORAM : K.R.SHRIRAM,J DATE : 23.1.2018 P.C.:- Mr.Aithe-company prosecutor states that since the applicants are secured creditors, liquidator has no objection if relief as prayed for is granted subject to the applicants complying with the provisions of law. Mr.Kapadia appearing for the applicants assures that the applicants will strictly comply with all requirements in law. Accepted.

Accordingly, application allowed in terms of prayer clause- (a) which reads as under :- "(a) That this Hon'ble Court be pleased to direct the Respondent No.2 (i.e., the Official Liquidator, High KJ

2/2 CA683.17-69 Court, Bombay) of the Company in liquidation (i.e., M/s.Classic Diamond (India) Limited) to handover the physical possession to Applicant abovenamed, of the office premises No.701 having an area of 400 sq. ft. (built up) on 7th Floor, forming part of the Building known as "Majestic Shopping Center", 144, Girgaum Road, Mumbai 400 004, belonging to Majestic Shopping Centre Premises Co-op. Society Ltd."

Application disposed.

(K.R.SHRIRAM,J) KJ