Assets Care And Reconstruction Enterprise v. Fourcee Infrastructure Equipments Pvt Ltd (In Liqn.)

kvm 1/2 6-IA 2 in CP792.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2 OF 2019 IN COMPANY PETITION NO. 792 OF 2015 Assets Care and Reconstruction Enterprise ..... Applicant

IN THE MATTER BETWEEN

Standard Chartered Bank ..... Petitioner

VERSUS

Fourcee Infrastructure Equipments Pvt. Ltd. (In Liqn.) ..... Respondent Mr.Bhupesh Dhumatkar, a/w. Ms.Minal Lodaya, i/b. Mr. Raman Misra for the Applicant.

Mr.Shatrughan Chauhan - Deputy Official Liquidator present. CORAM :

R.D. DHANUKA, J.

DATE :

16th JANUARY, 2020 P.C.

The applicant claims to be a secured creditors against the company in liquidation and claims to have security in respect of the tanks described in prayer clause (a) of the interim application. 2.

Learned Deputy Official Liquidator states that the Official Liquidator has no objection if prayer clauses (a) and (b) are granted. Statement is accepted. The physical possession of the 12 tank containers described in prayer clause (a) to be handed over to the applicant within two weeks from the date of the applicant handing over the documents relating to the charge or the security claimed by the applicant in respect of those containers.

kvm 2/2 6-IA 2 in CP792.15 3.

The applicant is directed to make initial deposit of Rs.25,000/- with the Official Liquidator towards the expenses to be incurred by the Official Liquidator for deputing the representative to comply with the order passed by this court. Such deposit shall be made within one week from today.

4.

Insofar as prayer clauses (c) and (d) are concerned, the applicant will have liberty to apply for reliefs in respect of those containers as and when identified. If any such application is made, the same would be considered on its own merits. Interim application is made absolute in terms of prayer clauses (a) and (b) on the aforesaid terms. No order as to costs.

5.

The parties as well as learned Official Liquidator to act on the authenticated copy of this order.

[R.D.DHANUKA, J.]