Bombay High CourtCAO/45/2011allowed

Official Liquidator And Liquidator Of M/S Snk Overseas Ltd. v. Shri Nandikishor N Kothari(Chairman And 7 ORS.

2021-09-17Hon'Ble Shri Justice S.M. Modak2 pages

cal.120.08 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Company Application [CAL] No.5 of 2010 in Company Application [CAL] No.120 of 2008 in Official Liquidator Report No.44 of 2008 in Company Petition No.4 of 2001 Official Liquidator vs.

Shri Nandkishore Kothari & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Anjan De, Advocate for the Applicant/Petitioner.

CORAM

: S.M. MODAK, J.

DATE : 17 th SEPTEMBER, 2021.

Heard learned Advocate for the petitioner. Respondent No.4-Hukmichand Lahoti expired on 27/03/2006. Photocopy of the death certificate is annexed. The petitioner got knowledge when the police report dated 09/09/2009 is received. Notice was issued to his proposed legal heirs. It is served. No one was appeared. Right to sue survives.

Hence, the application is allowed. The name of respondent No.4 is deleted and name of his legal heir - Smt. Mangala Lahoti be added. Necessary amendment be carried out. The application is disposed of accordingly.

Company Application [CAO] No.45/2011 Respondent No.6 expired on 23/10/2010.

Copy of death certificate is annexed. The petitioner got

cal.120.08 2/2 intimation when the report from the police is received vide letter 13/12/2010. Notice was issued to his legal heirs. There is a representation filed on their behalf. Hence, the order :

The application is allowed. Name of respondent No.6 is deleted and the name of his legal heirs be added. Necessary amendment be carried out. The application is disposed of.

Company Application [CAL] No.120/2008 Yet the report of learned Court Commissioner Ms. Ashwini Athalye is awaited. Official Liquidator to follow up with the learned Court Commissioner.

The matter be kept on 29/10/2021.

JUDGE *sandesh