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Bombay High CourtIA/1368/2019

Export Import Bank Of India v. The Official Liquidator Of Gol Offshore Ltd(Res)And Jm Financial Asset Reconstruction Company Ltd(A

2019-01-012 pages

kvm 1/2 8-IA 6 in CP756.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 6 OF 2019 IN COMPANY PETITION NO. 756 OF 2014 JM Financial Asset Reconstruction Company Ltd.

..... Applicant

IN THE MATTER BETWEEN

Export Import Bank of India ..... Petitioner

VERSUS

The Official Liquidator of M/s.GOL Offshore Ltd. & Anr.

..... Respondents Mr.Rohit Gupta, a/w. Ms.Jyoti Sanap, i/b. M/s.V.Deshpande & Co. for the Applicant.

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

CORAM :

R.D. DHANUKA, J.

DATE :

19th DECEMBER, 2019 P.C.

Learned counsel for the applicant at this stage does not press prayer clauses (c) and (d) and only press prayer clause (b). 2.

Learned Official Liquidator has no objection if prayer clause (b) is granted and if the Official Liquidator is directed to sale the vessel described in prayer clause (b) by public auction. Statement is accepted. 3.

Interim application is allowed in terms of prayer clause (b) with a direction that those vessels be sold by public auction on such terms

kvm 2/2 8-IA 6 in CP756.14 and conditions as may be prescribed by the Official Liquidator. 4.

The Official Liquidator shall submit a report before this court prescribing the terms and conditions for the sale within eight weeks from today with a copy to be served upon the applicant's advocate simultaneously as well as on the petitioner's advocate. After such sale is effected, the applicant would be at liberty to file a fresh interim application in respect of the prayer clauses (c) and (d). 5.

Interim application is disposed of in the aforesaid terms. No order as to costs.

[R.D.DHANUKA, J.]