Bharatiya Development Finance Ltd.Thr. Official Liq. H. C. Of Bombay At Goa v. No Party

2024:BHC-GOA:1738 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

COMPANY APPLICATION NO. 28 OF 2024 IN COMPANY PETITION NO. 7 OF 1998 WITH COMPANY APPLICATION NO. 31 OF 2024 IN COMPANY PETITION NO. 7 OF 1998 BHARATIYA DEVELOPMENT FINANCE LTD., THR. OFFICIAL LIQUIDATOR ... APPLICANT

Versus

------------------ ***** Ms. Amira Razaq, Standing Counsel for the Official Liquidator.

CORAM:

BHARAT P. DESHPANDE, J.

DATED:

11th OCTOBER 2024 P.C:

1.

Heard Ms. Razaq for the Official Liquidator.

2.

In Company Application No. 28 of 2024, a prayer is made to condone the delay of 585 days in filing the half yearly Account for the period from 01.04.2022 to 30.09.2022 and to take on record the half yearly Account for the period from 01.04.2022 to 30.09.2022 along with the audited report on the file of this Court.

3.

For the reasons disclosed in the said Application, which is supported by an affidavit, the delay is condoned and the half year Account along with the audited report for the period from 01.04.2022 to 30.09.2022 is taken on record.

4.

In Company Application No. 31 of 2024, the prayers as found mentioned in paragraph 10, to take on record the certified list of proof of debts tendered and admitted or rejected by the Official Liquidator at Exhibit-A and to permit the Official Liquidator to declare and pay 100% amount to both the Claimants whose names appear in Exhibit-A from the funds available to the credit of the Company as well as to pay interest with a prayer to dispense with the action publishing notice of declaration of dividend for the reasons that only two Claimants as per Exhibit-A are found to have been already informed by sending notices through speed post and to dispense with the action of opening separate dividend account as per Rule 290 of the Companies (Court) Rules, 1959 with the concerned Bank, could be allowed in view of the reasons mentioned in the said Application. 5.

Accordingly, the payment should be made to both the Claimants as per Exhibit-A together with interest. The request for

dispensation as found in clauses (d), (e) and (f) of paragraph 10 of the Application is also allowed.

6.

Both these Applications stand disposed of in the above terms.

BHARAT P. DESHPANDE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 14/10/2024 10:34:52