Dynacraft Machine Company Ltd. v. Official Liquidator, High Court, Bombay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 311 OF 2021 IN COMPANY APPLICATION NO. 197 OF 2010 IN COMPANY PETITION NO. 613 OF 1984 Dynacraft Machine Company Limited ....Applicant V/s.

Official Liquidator, High Court, Bombay ....Respondent ALONGWITH COMPANY APPLICATION NO. 197 OF 2010 Jessica Lukmani ....Applicant V/s.

The Official Liquidator of Dynacraft Machine Company Pvt. Ltd. (In Liqn) ....Respondent ALONGWITH INTERIM APPLICATION NO. 630 OF 2019 IN COMPANY APPLICATION NO. 197 OF 2010 IN COMPANY PETITION NO. 613 OF 1984 Dynacraft Machine Company Limited ....Applicant V/s.

Official Liquidator, High Court, Bombay ....Respondent ---- Mr. Prateek Seksaria a/w Mr. Saket Mone, Mr. Vishesh Kalra, Mr. Suneet Tyagi and Mr. Sandeep Patil i/b Vidhii Partners for Applicant. Mr. Mahendhar Aithe, Company Prosecutor present. ----

2/3 CORAM : K.R.SHRIRAM, J.

DATED : 9th MARCH 2021.

P.C. :

1.

Liquidator has filed an affidavit dated 15th February, 2021 according his no objection to the prayer sought in the application. At the same time, liquidator is referring to compliance of order dated 20th August, 2013 where as application is referring to order dated 3rd May, 2012. Moreover, the affidavit in reply does not show any link between the order dated 3rd May, 2012 and 20th August, 2013 though copy of order dated 20th August, 2013 is annexed to the application. Mr. Aithe states that compliance should be of order dated 3rd May, 2012 as modified by order dated 20th August, 2013 and liquidator has no objection in recording compliance of both the orders read together. Mr. Aithe states that court can go ahead and allow the application but within one week he shall file affidavit confirming what is recorded above with copy to applicant' s advocate. Statement accepted.

2.

Application therefore allowed in terms of prayer clause (a) which reads as under ;

(a) This Hon'ble Court be pleased to record/declare compliance of the order dated 3rd May 2012 and that the Official Liquidator, High Court, Bombay, stands completely discharged.

3.

The court records compliance of order dated 3rd May, 2012 read with order dated 20th August, 2013.

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Interim Application stands disposed.

5.

Pending applications, if any, stands disposed. 6.

All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)