The Official Liquidator Of Etisalat Db Telecom Pvt. Ltd (In Liquidation) v. Etisalat Mauritius Limited (Petitioner)
SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2022.12.16 10:28:03 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.32425 OF 2022 IN COMPANY PETITION NO.114 OF 2012 ATC Telecom Infrastructure Pvt. Ltd.
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Applicant and Etisalat Mauritius Ltd.
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Petitioner and The Ofocial Liquidator of M/s. Etisalat DB Telecom Pvt. Ltd. ( in liqn. ) and Ors.
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Respondents WITH OFFICIAL LIQUIDATOR REPORT NO.147 OF 2022 Mr. D.S.Patil, for Applicant.
Ms. Mansi V. Kaku with Ms. Meetali Mendhe, Legal Advisor to the Ofocial Liquidator.
Mr. Anil Bagure, Asstt. Ofocial Liquidator, present. CORAM: N.J.JAMADAR, J.
DATE:
14th DECEMBER 2022 P.C.:
1.
Heard the learned Counsel for the Applicant.
2.
This Application is preferred by the Applicant who had provided infrastructure services to the company in liquidation seeking directions to take custody of the assets of the company in liquidation and also adjudicate the claim of the Applicant for expenses incurred by the Applicant towards rent, security charges for securing the equipments of the company in liquidation for the period commencing from October, 2012.
SSP 1/3
3.
The learned Counsel for the Ofocial Liquidator seeks leave to tender Afodavit in Reply.
4.
Leave granted.
5.
Afodavit in Reply is taken on record.
OFFICIAL LIQUIDATOR REPORT NO.147 OF 2022 6.
The Ofocial Liquidator has also filed OLR No.147 of 2022 seeking directions of the Court for the sale of the assets of the company in liquidation. In the said report, the Ofocial Liquidator also seeks ratification of its action of appointing V.S.Jadon and Co. Valuers LLP, to carry out the valuation of the assets of the company in liquidation and pay the professional charges of the valuer. In addition, the Ofocial Liquidator seeks directions to ATC Telecom Infrastructure Ltd., - Applicant in IAL 32425 of 2022 to render necessary cooperation in the sale and final disposal of BTS equipment.
7.
The learned Counsel for the Applicant submits that the Applicant is not averse to the grant of reliefs in the Ofocial Liquidator Report. In fact, the reliefs prayed for by the Ofocial Liquidator in Paragraph 34 of the Ofocial Liquidator Report takes care of the grievance of the Applicant so far as the prayer clause (a) in the Application.
SSP 2/3
8.
I have perused the valuation report submitted by V.S.Jadon and Co. Valuers LLP in a sealed cover. The Ofocial Liquidator Report stands allowed in terms of prayer clause (a) to (e). 9.
The reserve price of the assets i.e. BTS equipment and Antena and other paraphernalia is fixed at Rs.8 Lakhs. EMD shall be Rs.80,000/-.
10.
ATC Telecom Infrastructure Pvt. Ltd. - Applicant in IAL 32425 of 2022 shall furnish information which it possesses regarding rest of the sites referred to in Para 27 of the Report. 11.
The Ofocial Liquidator Report stands disposed. 12.
In view of the disposal of the Ofocial Liquidator Report, prayer clause (a) in the Application stands worked out. The Applicant is at liberty to file claim before the Ofocial Liquidator, as regards prayer clauses (b) and (c) in the Application. The Ofocial Liquidator shall adjudicate the claim in accordance with law. 13.
All contentions of the parties are kept open including the admissibility of the claim to be lodged by the Applicant. 14.
With the aforesaid directions, the Interim Application (L) No.32425 also sands disposed.
15.
The report is resealed.
( N.J.JAMADAR, J. ) SSP 3/3