Kumar Motors Pvt. Ltd. Through Its Managing Director Shri Rajiv Nair v. Official Liquidaor Of Kumar Motors Pvt. Ltd. Bombay High Court

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2797 OF 2025 WITH OFFICIAL LIQUIDATOR REPORT NO.74 OF 2024 WITH INTERIM APPLICATION NO.2917 OF 2025 IN COMPANY PETITION NO.468 OF 2013 Kumar Motors Pvt.Ltd. Through its Managing Director Mr.Rajiv Nair Applicant versus Official Liquidator of Kumar Motors Pvt.Ltd., Bombay High Court Respondents In the matter between :

Innoventive Industries Limited Petitioner versus Kumar Motors Private Limited Respondent Mr.Aditya Pimle with Mr.Aakash Joshi for Applicant in IA. Mr.Kahtij Parekh with Ms.Aradhya Dixit i/by M/s.Apex Law Partners for Applicant in IA(L).No.19913 of 2024.

Mr.Rushabh Sheth, Advocate for O.L.

Mr.Anil Bhagure, Dy.O.L. present.

CORAM :

SHARMILA U. DESHMUKH, J.

DATE :

9th July 2025 PC :

1.

The matter has been circulated urgently as the order dated 12th June 2025 does not stipulate about handing over of possession. The issue arises as the NCLT has dismissed the Insolvency Petition and MANISH SURESHRAO THATTE Date: 2025.07.10 10:58:57 +0530 the company is out of liquidation. The possession of the assets has MANISH SURESHRAO THATTE been taken over by the Official Liquidator during pendency of the

2 of 2 902.IA.2797.2025.doc Company Petition. As the company is out of liquidation, the company seeks possession back.

2.

Opposition by the secured creditor is to the extent that secured creditor should be present at the time of making inventory while handing over possession.

3.

It is not disputed that as the Company is out of liquidation and the assets should be handed over to the Company. 4.

In light of this, the order dated 12th June 2025 be corrected to incorporate the following :

"If the payment of entire security charges is made to the Official Liquidator before the next date, possession of the assets will be handed over to the Applicant Company."

5.

Corrected order be uploaded.

(SHARMILA U. DESHMUKH, J.)