Jinendra Jain v. Official Liquidator

2025:BHC-OS:19791-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 96 OF 2025 IN INTERIM APPLICATION NO. 287 OF 2024 IN COMPANY PETITION NO. 657 OF 2016 Jinendra Jain .. Appellant

Versus

Official Liquidator and Ors.

.. Respondents WITH INTERIM APPLICATION (L) NO. 20687 OF 2025 IN APPEAL NO. 96 OF 2025 Jinendra Jain .. Applicant

Versus

Official Liquidator and Ors.

.. Respondents WITH APPEAL NO. 97 OF 2025 IN INTERIM APPLICATION NO. 287 OF 2024 IN COMPANY PETITION NO. 657 OF 2016 Jitendra Jain .. Appellant

Versus

Official Liquidator and Ors.

.. Respondents WITH INTERIM APPLICATION (L) NO. 20545 OF 2025 IN

APPEAL NO. 97 OF 2025 Jitendra Jain .. Applicant

Versus

Official Liquidator and Ors.

.. Respondents Adv. Aditi Bhat, i/b Adv. Niloni Gala, for the Appellant/Applicants. Adv. Akash Rebello, a/w Adv. Pradeep Kumar, Adv. Paras Gosar, i/b C.R. Naidu & Co., for Respondent Nos. 3 and 4. CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

(In Chamber) DATE:

P. C.

1.

Not on board. Mentioned. Taken on board.

2.

By order dated 15th September 2025, an agreement was recorded between the Appellant and Respondent Nos. 3 and 4 in both the above Appeals that the Appellant in Appeal No. 97 of 2025 (Mr. Jitendra Jain) shall deposit a sum of Rs.72,58,486/- with the Official Liquidator within 4 weeks from the date of the order dated 15th September 2025.

3.

Today, a praecipe has been moved by Mr. Jitendra Jain (Appellant in Appeal No. 97 of 2025) seeking extension of time of 3 weeks to deposit the aforesaid sum of Rs.72,58,486/-.

4.

Mr. Rebello, the learned Advocate appearing for Respondent Nos. 3 and 4 submitted that the said Respondents would consent to the extension of time only if the Appellant (Mr. Jitendra Jain) is willing to pay costs. Mr. Rebello fairly stated that the costs need not be paid to Respondent Nos. 3 and 4, and the same can be paid to any charitable institution nominated by us.

5.

Considering the fair stand taken by Mr. Rebello, we hereby direct that the amount of Rs.72,58,486/- shall be deposited by Mr. Jitendra Jain with the Official Liquidator on or before 7th November 2025. We make it clear that no further extension shall be granted. We also clarify that this extension is granted subject to the fact that Mr. Jitendra Jain (Appellant in Appeal No. 97 of 2025) pays a sum of Rs.25,000/- as cost to "The High Court Employees Medical Welfare Fund at Mumbai". The said amount should be made by RTGS in the following account:- Bank Name: Bank of India Branch: Mumbai Main Account Number: 000120110001337 IFSC Code: BKID0000001

6.

The aforesaid costs shall be paid within 2 weeks from today. 7.

The praecipe filed on behalf of Mr. Jitendra Jain is accordingly disposed of.

8.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 23/10/2025 13:01:13