Official Liquidator Of K. R. Commodities Exports Private Limited. (In Liquidation) v. Shree Renuka Sugars Limited And ANR. (Petitioner)

39-OLR-65-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO. 65 OF 2024 IN COMPANY PETITION NO. 404 OF 2010 THE OFFICIAL LIQUIDATOR OF K. R. COMMODITIES) EXPORTS PRIVATE LIMITED (IN LIQUIDATION) )...APPLICANT V/s.

SHREE RENUKA SUGARS LIMITED AND ANOTHER )...RESPONDENTS Mr.Harsh Moorjani, Advocate for the Official Liquidator. Mr.Chandan Kumar, Official Liquidator, present in Court. Mr.Anil Bhagure, Assistant Official Liquidator, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

13th JUNE 2024 P.C. :

1.

This Official Liquidator's Report seeks directions for invitation of claims of workers / creditors under Rule 148 of the Companies (Court) Rules, 1959, by issuance of advertisement in newspapers, appointment of Chartered Accountants for adjudication of the claims that would be Digitally signed by ARTI VILAS KHATATE Date:

2024.06.14 17:21:20 +0530 received and for consequential reliefs.

ARTI VILAS KHATATE 2.

Mr.Moorjani, learned Counsel, appears for the Official Liquidator and submits that since the Official Liquidator, had not invited claims from the workers / creditors though it had received suo moto claims, avk 1/2

39-OLR-65-2024.doc therefore, after receipt of a sum of Rs.11,10,00,000/- pursuant to sale of the immovable property of the company in liquidation, directions are being sought for issuance of notices by publication in newspapers and also for appointment of Chartered Accountant to assist the Official Liquidator in adjudicating the claims received / yet to be received and for consequential reliefs and draws the attention of this Court to Official Liquidator's Report.

3.

A perusal of paragraph 8 of the Official Liquidator's Report suggests that notice of this report is being given to the secured creditor, petitioner as well as ex-director of the company in liquidation to remain present at the time of hearing of the report. The names of the secured creditor, petitioner and ex-director have been mentioned therein. However, on a query from this Court as to whether the noticees had been served, this Court is informed that although some of them have been served, others are yet to be served. 4.

Accordingly, let the service of the notices be completed by the next date and an appropriate affidavit of service in this regard be filed. 5.

List on 11th July 2024 at 2.30 p.m.

(ABHAY AHUJA, J.) avk 2/2