Official Liquidator Of Jay Mechanical Pvt. Ltd. (In Provisional Liquidation) v. Belleco Industries (Petitoner)

909 & 57. IAL 21010-24 in CP 340-11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 21010 OF 2024 IN COMPANY PETITION NO. 340 OF 2011 Axis Bank Limited ...Applicant In the matter between Belleco Industries

...Petitioner

V/s.

M/s Jay Mechanical Pvt. Ltd.

...Respondent.

WITH OFFICIAL LIQUIDATOR'S REPORT NO. 78 OF 2024 IN COMPANY PETITION NO. 340 OF 2011 Ms. Divya Bamne with Mr. A. R. Banne and Co., Advocate for the Applicant.

Mr. Anirudh Hariani, for Official Liquidator. Mr. Chetan Shelke, Assistant Official Liquidator.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th JULY, 2024 P.C. :

1.

This Interim Application seeks direction to the Official Liquidator Digitally signed by NIKITA YOGESH GADGIL Date:

2024.07.25 19:33:46 +0530 NIKITA YOGESH GADGIL to hand over physical possession of the property bearing Plot no. D7/7, Road No. 33, Wagle Estate, Thane (West), on the ground that the Applicant is a secured creditor and standing outside the winding up of the company in liquidation.

Nikita Gadgil 1/2

909 & 57. IAL 21010-24 in CP 340-11.doc 2.

Mr. Hariani, learned Counsel appears for the Official Liquidator and submits that he would need to file reply to the same in as much as there is an Official Liquidator's Report No. 78 of 2024 at serial No. 52 of today's cause list seeking valuation of the same property, so as to auction the same for recovery of dues of the creditors for the benefit of the general body of creditors.

3.

Having heard the learned Counsel, this Court is of the view that reply be filed to the Interim Application by 14th August, 2024, with copy to the other side. Rejoinder by 21st August, 2024, with copy to the other side. List on 22nd August, 2024.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2