Shaikh Makbul And ANR v. M/S. Asian Electronics Ltd.
910-IA-2-2019.DOC jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2 OF 2019 IN COMPANY PETITION NO. 492 OF 2011 Shaikh Makbul & Anr.
... Applicants In the matter between SBI Global Factors Ltd.
... Petitioner Vs.
M/s. Asian Electronics Ltd.
... Respondent Mr. Akshay Shinde, I/b Akshay Kulkarni, for the Applicant. Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator.
CORAM:
R. I. CHAGLA, J.
DATE:
11TH SEPTEMBER, 2019 PC:- 1.
This Interim Application has been taken out in Company Petition No.492 of 2011 seeking the quashing and setting aside of the office order dated 23rd August, 2019 passed by the Official Liquidator of this Court to the extent it directs for taking possession of residential Flat Nos. 14 and 15 of Somnath Apartment situate at Sr. No.298/P as mentioned in the schedule attached to the Notice of Motion.
2.
It is stated by the learned Counsel for the Applicant that the said property was purchased by the Applicant pursuant to sale deed executed on 6th February, 2018 and thereafter a mortgage 1/2
910-IA-2-2019.DOC has been created in respect of the said property. He has stated that the Applicant was unaware of winding up order which was passed on 13th November, 2014 by which the Official Liquidator had taken possession of the properties of the Respondent - Company. This property was not taken possession of as the Official Liquidator was unaware of the property and by the said office order dated 23rd August, 2019, the date of taking possession of the said property had been fixed on 27th August, 2019 to 28th August, 2019. The Official Liquidator has taken symbolic possession pursuant to the said Office order. 3.
Accordingly, the Official Liquidator is directed to file a report with respect to the status of the said property. The report shall be filed within a period of two weeks from the date of this Order. 4.
List the Interim Application for hearing on 25th September, 2019.
( R I. CHAGLA, J. ) 2/2