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 NEWLOOK RETAILS PVT. LTD (IN LIQUIDATION) FIONEE APPARELS )...PETITIONER Mr.Anirudh Hariani, Advocate for the Official Liquidator. Mr.Chandan Kumar, Official Liquidator and Mr.Anil Bhagure, Assistant Official Liquidator, present in Court.

Mr.T.Sanjeevi Kumar, Inspector of Police, C.I.D. Guntur, Andhra Pradesh State, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

24th OCTOBER 2024 Digitally signed by ARTI VILAS KHATATE Date:

2024.10.25 16:37:29 +0530 P.C. :

ARTI VILAS KHATATE 1.

Pursuant to earlier orders of this Court ending with order dated 12th September 2024, today when the matter is called out, Mr.T.Sanjeevi Kumar, Inspector of Police, C.I.D. Guntur, Andhra Pradesh State, is present in Court and tenders across the bar a counter affidavit dated 24th October 2024.

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2.

A perusal of the said affidavit indicates that pursuant to attachment order passed on 24th December 2014, the Competent Authority had attached the properties referred to in paragraph 7 of the said affidavit although final orders are pending. 3.

Mr.Hariani, learned Counsel appearing for the Official Liquidator, submits that the properties referred to in the table on page 5 which forms part of paragraph 7 of the counter affidavit at Serial Nos.4 to 9 are the very same properties in respect whereof the Official Liquidator has also taken possession and that this Court direct the Official Liquidator to hand over the possession of the said properties which are referred to at Serial Nos.4 to 9 of paragraph 4 of the Official Liquidator's report to the Additional Director General of Police, C.I.D., Andhra Pradesh, who has been appointed as a Competent Authority under the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 (the "said Act").

4.

Having heard the learned Counsel for the Official Liquidator and also having perused the counter affidavit furnished on behalf of Inspector of Police, Regional Office, C.I.D., Guntur, Andhra Pradesh, and considering that the very same properties at Serial Nos.4 to 9 in avk 2/3

paragraph 4 of the Official Liquidator's Report have been attached by the Competent Authority of Andhra Pradesh under the said Act, this Court is of the view that within a period of four weeks, possession of the properties listed at Serial nos.4 to 9 of the table in paragraph 4 of the Official Liquidator's report be handed over to the Additional Director General of Police, C.I.D., Andhra Pradesh, who has been appointed as a Competent Authority under the said Act. 5.

The Official Liquidator's report, accordingly, stands allowed and disposed as above.

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