Bombay High CourtCAP/1/2010dispossed offdismiss for default

In The Matter Of M/S Praptee Marketing Service Pvt. Ltd. Thr. Its Director v. Mrs. Asha D Yewale And ORS

2015-12-21Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice Z.A. Haq1 pages

1 cap1.10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR COMPANY APPEAL NO. 1 OF 2010.

(M/S. PRAPTEE MARKETING SERVICES PVT.LTD. ..VS.. MRS. ASHA D. YEWALE & 6 OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C.Dharmadhikari, Advocate with Shri Subhash Patil, Director of Petitioner Company.

Mrs T.D. Khade, Advocate for Respondent Nos. 1 to 5. CORAM : B.R.GAVAI AND Z.A.HAQ,JJ.

DATED : DECEMBER 21, 2015.

The report of the Official Liquidator is placed on record, which shows that out of 31 claims received in the office of the Official Liquidator, the claims of 26 depositors have already been satisfied. He submits that the claims of three persons / claimants could not be satisfied as the addresses were not given by them and they are kept pending. The report would further reveal that the amount of Rs.3,99,597/- is available with the Official Liquidator to the credit of the present company.

In Civil Application (CAO) No. 279 of 2011 the appellant has given undertaking to furnish the amount as and when directed by the Official Liquidator if there are any further claims made against the present appellant. In that view of the matter, nothing survives in the appeal, the appeal is disposed of accepting the statement made on behalf of the appellant.

JUDGE JUDGE RRaut..