Reserve Bank Of India v. M/S Diamond Fincap Ltd.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CP-148-2008(O&M) Date of decision: 26.07.2022 RESERVE BANK OF INDIA ..Petitioner
Versus
M/S DIAMOND FINCAP LTD.
..Respondent
2. CP-149-2008(O&M) RESERVE BANK OF INDIA ..Petitioner
Versus
M/S MOGA DEPOSITS AND ADVANCES LTD.
..Respondent
3. CP-3-2011(O&M) M/S MOGA DEPOSITS AND ADVANCES LTD (IN PROVISIONAL LIQUIDATION) ..Petitioner
Versus
HARJIT SINGH AND ORS.
..Respondents
4. CP-4-2011(O&M) M/S MOGA DEPOSITS AND ADVANCES LTD (IN PROVISIONAL LIQUIDATION) ..Petitioner
Versus
HARJIT SINGH AND ORS.
..Respondents
5. CP-5-2011(O&M) M/S DIAMOND FINCAP LTD.
(IN PROVISIONAL LIQUIDATION) ..Petitioner
Versus
HARJIT SINGH AND ORS.
..Respondents
6. CP-6-2011(O&M) M/S DIAMOND FINCAP LTD.
(IN PROVISIONAL LIQUIDATION) ..Petitioner
Versus
HARJIT SINGH AND ORS.
..Respondents
CP-148-2008(O&M) and -2other connected cases
7. CP-66-2011(O&M) M/S DIAMOND FINCAP LTD.
(IN PROVISIONAL LIQUIDATION) ..Petitioner
Versus
RESERVE BANK OF INDIA ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. Deepak Suri, Advocate for the petitioner (CP-148-2008 & CP-149-2008). Mr. Puneet Kansal, Advocate for respondent-Company/Ex-Directors.
Mr. Hitesh Malik, Advocate for Official Liquidator.
ANIL KSHETARPAL, J(Oral) CP-148-2008 & CP-149-2008 The learned counsel representing the Reserve Bank of India submits that he has instructions to withdraw the petitions provided the Company in liquidation changes its name in order to avoid deception to the public at large of being a Non-Banking Financial Company (NBFC). The learned counsel representing the respondent-Company has no objection, he has undertaken to change its name within a period of two months. The respondent-Company has also undertaken not the accept any deposits from the general public in future.
Keeping in view the aforesaid facts, CP-148-2008 & CP-1492008, filed by the Reserve Bank of India are dismissed as withdrawn. CP-3, 4, 5, 6 & 66 of 2011 CP-3-2011 & CP-5-2011 have been filed by the Official Liquidator complaining failure to file the statement of affairs, CP-4-2011 & CP-6-2011 have been filed complaining failure to hand over the possession
CP-148-2008(O&M) and -3other connected cases of assets, property, books of accounts & records of the Company in liquidation and CP-66-2011 has been filed to sell movable and immovable properties of the Company in liquidation.
Sh. Hitesh Malik, Advocate, appearing for Official Liquidator submits that he has no knowledge of filing of any claim before Official Liquidator.
Hence, these petitions are disposed of.
All the pending miscellaneous applications, if any, are also disposed of.
July 26th, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No