Official Liquidator Of Newlook Retails Pvt.Ltd. (In Liquidation) v. M/S Fionee Apparels, Prop Pritesh Shah (Petitioner)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO. 82 OF 2024 IN COMPANY PETITION NO. 1186 OF 2015 In the matter of the Companies Act, I of 1956;

And In the matter of Network Retails Pvt. Ltd. (in liquidation) Fionee Apparels ... Petitioner Mr. Anirudh Hariani, Advocate for the Official Liquidator. Mr. Chandan Kumar, Official Liquidator alongwith Mr. Anil Bhagure, Assistant Official Liquidator, present.

CORAM

:

ABHAY AHUJA, J.

DATE :

8 AUGUST, 2024 P.C. :

1.

Pursuant to the order dated 11th July 2024, today when the matter is called out, Mr. Hariani submits that although noticees No.6 and 7, viz. Central Investigation Department (CID), Near Medical College, Guntur, Andhra Pradesh - 522 004 and Principal Secretary, Home Department, Government of Andhra Pradesh, 2nd Block, Ground Floor, Room No.185, AP Secretariat Office, Velangapudi, Andhra Pradesh - 522 503, respectively, have been served, none appear for the said noticees and that this Court issue Court notice. Kanchan Dhuri 1/3

2.

Mr. Hariani submits that the said properties have already been attached by the Government of Andhra Pradesh under Section 3 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1989. Mr. Hariani draws attention of this court to a communication from the CID, Andhra Pradesh to the Official Liquidator of this Court and more particularly to page 89 of the Official Liquidator's Report where it has been stated that the competent authority has attached the properties mentioned in Annexure-I to VI in order to protect the interests of the depositors under Section 3 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999.

3.

Mr. Hariani would submits that the properties in respect whereof possession is sought to be handed over form part of the said Annexures I to VI and therefore, this Court issue notice. 4.

Having heard the learned Counsel and having considered his submissions, this Court is of the view that notice along with copy of the Official Liquidator's Report be issued to Noticees No.6 and 7, viz. Central Investigation Department (CID), Near Medical College, Guntur, Andhra Pradesh - 522 004 and Principal Secretary, Home Department, Government of Andhra Pradesh, 2nd Block, Ground Floor, Room No.185, AP Secretariat Office, Velangapudi, Andhra Pradesh - 522 503, Kanchan Dhuri 2/3

directing them to remain present in Court on the next date through the concerned officer with instructions with respect to the prayers sought for by the Official Liquidator in this report. 5.

List on 12th September 2024.

(ABHAY AHUJA, J.) Digitally signed by KANCHAN PRASHANT DHURI Date:

2024.08.08 20:25:46 +0530 KANCHAN PRASHANT DHURI Kanchan Dhuri 3/3