Pragmatic Traders Private Limited v. The Official Liquidator And ANR

1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION 1 OF 2019 IN COMPANY PETITION NO. 891 OF 2015 Pragmatic Traders Private Limited ..... Applicant

IN THE MATTER OF

ATO (I) Ltd.

..... Petitioner

VERSUS

The Official Liquidator for The Freyssinet Pre Stressed Concrete Company Limited (Under Liquidation) & Anr. ..... Respondents ALONGWITH INTERIM APPLICATION 1 OF 2019 IN COMPANY PETITION NO. 1137 OF 2015 Pragmatic Traders Private Limited ..... Applicant

IN THE MATTER OF

Calcutta Iron Udyog ..... Petitioner

VERSUS

The Official Liquidator for The Freyssinet Pre Stressed Concrete Company Limited (Under Liquidation) & Anr. ..... Respondents ALONGWITH INTERIM APPLICATION 1 OF 2019 IN COMPANY PETITION NO. 199 OF 2016 Pragmatic Traders Private Limited ..... Applicant

IN THE MATTER OF

J.D.Steel Corporation ..... Petitioner

VERSUS

2/4 The Official Liquidator for The Freyssinet Pre Stressed Concrete Company Limited (Under Liquidation) & Anr. ..... Respondents ALONGWITH INTERIM APPLICATION 1 OF 2019 IN COMPANY PETITION NO. 500 OF 2016 Pragmatic Traders Private Limited ..... Applicant

IN THE MATTER OF

Pidilite Industries Ltd.

..... Petitioner

VERSUS

The Official Liquidator for The Freyssinet Pre Stressed Concrete Company Limited (Under Liquidation) & Anr. ..... Respondents ALONGWITH INTERIM APPLICATION 1 OF 2019 IN COMPANY PETITION NO. 633 OF 2014 Pragmatic Traders Private Limited ..... Applicant

IN THE MATTER OF

SICOM Limited ..... Petitioner

VERSUS

The Official Liquidator for The Freyssinet Pre Stressed Concrete Company Limited (Under Liquidation) & Anr. ..... Respondents Mr.Rohaan Cama, a/w. Mr.Gaurav Mehta, Ms.Juhi Dave, i/b. M/s.Dhruve Liladhar & Co. for the Applicant.

Mr.Dhiraj Kumar Singh for the Claimant - M/s.Rameshwar Dayal Ghasi Ram (1988).

Mr.Anand Bagade - Representative/Chartered Accountant of the claimant M/s.Matte & Associates present.

Mr.Naman Kapoor - Director of the Applicant present.

3/4 Mr.Anil M. Manmode - Authorized Signatory of M/s.Matte & Associates present.

Mr.Sanket Ranade, i/b. M/s.PDS Legal for the Petitioner in CP/500/2016.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present.

CORAM :

R.D. DHANUKA, J.

DATE :

28th NOVEMBER, 2019 P.C.

Mr.Cama, learned counsel for the applicant on instruction states that all the claims received so far by the office of the Official Liquidator against the applicants are settled. No other claims are outstanding. Statement is accepted. Learned counsel tenders consent terms between the applicant and M/s.Matte & Associates dated 28th November,2019 signed by the parties and their respective advocates. The Power of Attorney is annexed to the consent terms. The signatures of the parties are identified by their respective advocates. The authorized signatory of M/s.Matte & Associates is present in court. His signature is also identified by the learned advocate on record for the applicant. Consent terms are taken on record and marked 'X' for identification.

2.

Learned counsel have also tendered the consent terms between the applicant and Mr.Rameshwar Dayal Ghasi Ram dated 28th November, 2019 signed by the parties. The copy of the resolution authorizing board of directors of the applicant is annexed. A copy of the AADHAR certificate identifying the signatory Mr.Virendra Kumar Gupta, proprietor of M/s.Rameshwar Dayal Ghasi Ram is also

4/4 annexed. The consent terms are taken on record and marked as Exhibit `X-1' for identification. The order passed in terms of consent terms. 3.

In view of the fact that all the claims against the company in liquidation are satisfied, Interim Application No.1 of 2019 is made absolute in terms of prayer clauses (a) and (d) on the condition that the applicant pays the cost, charges and expenses incurred by the Official Liquidator quantified at Rs.1,50,000/- within one week from today. 4.

Upon payment of such cost, charges and expenses to the office of the Official Liquidator by the applicant, the Official Liquidator to stand discharged.

5.

The amount that would be paid by the applicant towards cost and expenses to the Official Liquidator shall be utilized by the office of the Official Liquidator in making payment towards the publication charges and expenses incurred by the office of the Official Liquidator including payment towards advocates' fees.

6.

All pending interim applications for seeking recall of the order of winding up are disposed of. No order as to costs. [R.D.DHANUKA, J.]