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Bombay High CourtCA/6/2017disposed off

M/S Girna Infra Projects Pvt. Ltd. v. The Official Liquidator Of Girna Infra Projects Pvt. Ltd.

2016-01-13Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODG.) NO. 838 OF 2015 IN COMPANY PETITION NO. 810 OF 2014 M/s. Girna Infra Projects Pvt. Ltd.

.. Applicant Vs.

The Official Liquidator of Girna Infra Projects Pvt. Ltd.

.. Respondent Mr.Prathamesh Kamat a/w. Mr.Tushar Sonawane, Mr.Pravin Padave for the applicant in CA/838/2015.

Ms.Pratibha Ramaswamy, Asstt. O.L. present.

CORAM : K.R.SHRIRAM, J.

DATE : 13TH JANUARY, 2016 P.C.

Further to the order dated 16.12.2015, the official liquidator had advertised in Free Press Journal in English and Navshakti in Marathi, both published from Mumbai and Gavkari published in Nasik on 17.12.2015 by fixing the last date for submitting claims with the official liquidator as 8.01.2016, 4:00 p.m. The official liquidator has filed a Status Report dated 12.01.2016 stating that no claims were received till 8.01.2016. In view thereof, the company application is allowed in terms of prayer clause (a) which reads as under :

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(a) That the conditional winding up order dated 18th March 2015 passed by His Lordship Mr.Justice S.J. Kathawalla in Company Petition No.810/2014 filed by the petitioner Ultra Tech Cement Pvt. Ltd. against the respondent-Company M/s. Girna Project Pvt. Ltd. be set aside.

The application accordingly stands disposed.

Notwithstanding the disposal of the application, the applicant to have all office objections removed and have the application numbered within one week from today.

In the report filed by the official liquidator, the official liquidator has prayed for leave to pay a sum of Rs.22,037/- towards the advertising charges to the advertisement agency, viz., M/s. Admire Publicity Pvt. Ltd. from the amount deposited by the applicant.

Leave granted.

The company to pay a sum of Rs.25,000/- as costs to the official liquidator and the same to be paid within one week from today. 2/3

This order is conditional upon the company complying with the directions contained in the last sentence.

In view of the above, the official liquidator to handover possession back to the company as early as possible.

(K.R. SHRIRAM, J.) 3/3