Official Liquidator Of Fourcee Infrastructure Equipments Pvt. Ltd. (In Liquidation) v. Standard Chartered Bank (Petitioner)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO. 121 OF 2024 IN COMPANY PETITION NO.792 OF 2015

IN THE MATTER OF COMPANIES ACT,

AND

IN THE MATTER OF FOURCEE

INFRASTRUCTURE EQUIPMENTS PRIVATE LIMITED (IN LIQUIDATION) STANDARD CHARTERED BANK )...PETITIONER Ms.Apurva Thipsay, Advocate for the Official Liquidator. Mr.Chandan Kumar, Official Liquidator is present in Court. Mr.Chetan Shelke, Assistant Official Liquidator is present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

5th DECEMBER 2024 P.C. :

1.

This Official Liquidator's report seeks the following prayers : a) In view of the submission made in paragraph (17) of this report, whether this Hon'ble Court may be pleased to permit the Official Liquidator to appoint a panel valuer for preparation of inventory and valuation of 15 containers, shed, movables etc. as well as title search and valuation of immovable property of the Company (In Liquidation) avk 1/4

situated at Survey No.199/1-P, Anjar Mundra Road, Village-Bhuvad, Taluka-Anjar, Kutch, Gujarat admeasuring Hectare 2-41-96 PRA (approximately);

b) In view of the submission made in paragraph (18) of this report, whether this Hon'ble Court be pleased to permit the Official Liquidator to publish notice in the newspaper(s) i.e. in "Free Press Journal" (English), "Navshakti" (Marathi) both publish from Mumbai and "Gujarat Samachar" (Gujarati) publish from Kutch, Gujarat to call for ownership of Six (6) containers presently lying in the premises of the Company (In Liquidation) situated at Survey No.199/1-p, Anjar Mundra Road, Village-Bhuvad, Taluka-Anjar, Kutch, Gujarat through the advertising agency of the panel of the Official Liquidator and may also be pleased to approve draft notice of advertisement which is annexed hereto as Exhibit- "I";

c) In view of the submission made in paragraph (19) of this report, if no one comes forward to prove their ownership in respect of Six (6) containers within two weeks from the publication of the said notice, this Hon'ble Court may please permit Official Liquidator to appoint a valuer from the panel of the Official Liquidator for inventory and valuation;

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d) In view of the submission made in paragraph (21) of this report, whether this Hon'ble Court be pleased to permit the Official Liquidator to make the payment to the said valuer towards the professional fees of inventory and valuation of the aforesaid movable and title search and valuation of immovable assets of the Company (In Liquidation) situated at Survey No.199/1-P, Anjar Mundra Road, Village-Bhuvad, TalukaAnjar, Kutch, Gujarat out of the funds available to the credit of the Company (In Liquidation) after deducting applicable taxes; e) In view of the submission made in paragraph (22) of this report, whether this Hon'ble Court be pleased to permit the Official Liquidator to make the payment to the said advertising agency towards the advertisement charges out of the funds available to the credit of the Company (In Liquidation) after deducting applicable taxes; 2.

Ms.Thipsay, learned Counsel, appears for the Official Liquidator and submits that upon visiting the premises of the company in liquidation, it was found that there were 15 containers and movables belonging to the company in liquidation and also immovable property situated at Survey No.199/1-P, Anjar Mundra Road, Village-Bhuvad, Taluka-Anjar, Kutch, Gujarat, admeasuring Hectare 2-41-96 PRA (approximately). In addition, there are six other containers which did avk 3/4

not bear the marks of the company in liquidation, and that, therefore, this Court permit appointment of Valuer to value the immovable property as well as the movables including the 15 containers of the company in liquidation and also permit publication of a notice for claim of ownership with respect to the 6 containers. 3.

Ms.Thipsay submits that in addition, this Court also permit payment of professional fees of the Valuer as well as to the advertising agency.

4.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that Official Liquidator's report be allowed in terms of prayer clauses (a), (b), (d) and (e) as above. 5.

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

6.

Registry to accept the service report.

(ABHAY AHUJA, J.) ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

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