M/S Glasspaane Aluminium (I) Pvt Ltd v. Official Liquidator Of M/S Glasspaane Aluminium (I) Pvt Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODGING) NO.802 OF 2016 IN COMPANY PETITION NO.508 OF 2013 M/s.Glasspaane Aluminium (I) Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

Jayantilal J. Gandhi Chemicals Pvt. Ltd.

...Petitioner

V/s.

Official Liquidator of M/s.Glasspaane Aluminium (I) Pvt. Ltd.

...Respondent

Dr.A. Chandrachud with Ms.Nupur Awasthi i/b M/s.Consulta Juris for the Applicant in C.A.(Ldg.) No.802 of 2016.

Ms.Yogini D. Chauhan, Deputy Official Liquidator present. CORAM : R.D. DHANUKA, J.

DATE : 8TH MARCH, 2017.

P.C. :- 1.

Dr.Chandrachud, learned counsel appearing for the applicant states that pursuant to the order passed by this Court on 1st February, 2017, the petition was re-advertised. Learned Official Liquidator has filed a report stating that pursuant to the said advertisement, Mr.Nasir Amin Hungund, Proprietor of Limra Glasfab has filed a claim for Rs.53,12,683/-, who is the petitioner in Company Petition No.419 of 2015. There are no other claims received by the 1/3

Official Liquidator. Since the parties have already settled the dispute in Company Petition No.508 of 2013, the consent terms filed by the parties in that petition can be now accepted on record. 2.

The Company Petition No.508 of 2013 is disposed of in terms of the consent terms.

3.

In view of the fact that the consent terms filed between the parties are not taken on record, the order dated 6th January, 2016 is recalled. The applicant is directed to inform the Registrar of Companies about this order expeditiously and shall comply with the requisite procedure in that regard.

4.

Learned Deputy Liquidator has submitted a report dated 7th March, 2017 seeking a direction to permit the Official Liquidator to pay a sum of Rs.14,380/- towards the advertising charges to the advertisement agency described in prayer clause (a) and for further directions as this Court may deem fit. The applicant has already deposited an amount of Rs.15,000/- towards the advertisement charges with the Official Liquidator. The Official Liquidator is directed to pay a sum of Rs.14,380/- to the said advertisement agency described in prayer clause (a) of the report. 5.

The Deputy Official Liquidator also seeks payment of costs towards the administrative expenses from the applicant. The applicant is directed to pay a further sum of Rs.15,000/- to the Official 2/3

Liquidator within two weeks from today. Upon receipt of the said payment, the said charges may be credited to the office expenses account of the Official Liquidator.

6.

The Official Liquidator's Report dated 7th March, 2017 is disposed of in terms of the consent terms.

(R.D. DHANUKA, J.) 3/3