Shyamsunder S/O Shivnarayan Sarda And Others v. Official Liquidator, Bombay High Court, Nagpur Bench

15-CAL-20-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 20 OF 2018 IN OFFICIAL LIQUIDATOR REPORT NO. 15 OF 2016 (D) IN COMPANY PETITION NO. 5 OF 2001 (D) (Gopal s/o Brijmohan Jhunjhunwala & Ors. Vs. Official Liquidator, High Court, Nagpur) WITH CIVIL APPLICATION NOS. 482/2021, 489/2022 __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri D.R. Khapre, Counsel for the applicants in CA 20/2018.

Shri Z.Z. Haq, Counsel for the applicant in CA 489/2022. Dr. Anjan De, Counsel for the Official Liquidator. .....

CORAM : ANIL L. PANSARE, J.

FEBRUARY 9, 2024.

After having heard for some time, it appears that there are certain applications which ought not to have been filed. The Official Liquidator ought to have taken steps including releasing amount in terms of the admitted position.

2] In the circumstances, one opportunity is given to the Official Liquidator to examine all pending applications and to deal with the prayers made therein in accordance with the provisions of the Companies Act, 1956. The Official Liquidator shall file a detailed report as regards the remedial steps taken by him in pending applications and may seek appropriate orders from the Court, in case he is unable to proceed with the issue involved without the order of the Court. The Official Liquidator and the learned Counsel for the Official Liquidator shall examine whether the OLRs filed were

15-CAL-20-2018 indeed required to be filed before the Court or remedial steps could have been taken in accordance with the provisions of the Act.

3] Stand over to 1/3/2024.

(ANIL L. PANSARE, J.) Sumit