Official Liquidator Of Mansukh Industries Ltd(In Liquidation) v. Rajendra Chemexport Pvt Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION OFFICIAL LIQUIDATOR REPORT NO. NO. 67 OF 2025 IN COMPANY PETITION NO. 228 OF 1999 Official Liquidator Of Mansukh Industries Ltd (in Liquidation)

...Petitioner

Versus

Rajendra Chemexport Pvt Ltd.

...Respondent

----- Mr. Ranjeev Carvalho, for Official Liquidator. Mr. Satyajit Roul, for Official Liquidator.

Mr. Chetan Shelke, for Dy. Official Liquidator. ----- CORAM : ARIF S. DOCTOR, J.

th SEPTEMBER, 2025.

DATE : 26 P.C:

1.

By way of the captioned Official Liquidator's Report, the Official Liquidator has sought the following relief:

"a) In view of paras 11, 14 and 20 to 23 of this report, this Hon'ble Court may be pleased to permit the Official Liquidator to pay the amount of Rs.31,95,150/- to Mihir Enterprises and amount of Rs.81,09,845/- to A. R. J. Kadbal from the common pool fund account maintained by Official Liquidator subject to recoupment of the same with 9% interest as and when the funds get available in the company (In Liqn.)" 2.

What has concerned the Court, even on the previous occasion was the fact that there is no material before the Court as to whether the amounts charged by the aforesaid entities have been duly certified either by the office of the Official Liquidator or the BMC/MCGM.

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Mr. Carvalho, learned counsel appearing on behalf of the Official th February 2025 Liquidator has today placed reliance upon a letter dated 28 addressed by the BMC/MCGM to the Official Liquidator. He points out that the BMC/MCGM has duly certified the fact that the work assigned to both the entities, namely Mihir Enterprises and A. R. J. Kadbal, has been duly carried out and completed by the said entities. 4.

However, what I find is that this letter does not state that the amounts charged by both the entities, namely Mihir Enterprises and A. R. J. Kadbal, have been certified as proper and in accordance with the schedule of rates of the BMC/MCGM.

5.

Mr. Carvalho very fairly submitted that this Court therefore direct the Official Liquidator to address a letter to the BMC/MCGM calling upon BMC/MCGM to provide the Official Liquidator with the necessary information regarding due certification of the bills raised by Mihir Enterprises and A. R. J. Kadbal.

6.

Hence, the Official Liquidator is directed to address an appropriate letter to the concerned officer of the BMC/MCGM calling upon the said officer to inform the Official Liquidator as to whether the said bills have been duly certified by the BMC/MCGM and the amounts of the respective bills are in accordance with the schedule of rates of the BMC/MCGM. 7.

It is made clear that on receipt of such letter, the concerned officer of the BMC/MCGM shall promptly respond to the same. Since I have noted that the work has in fact been carried out and completed and these bills are

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th October 2025 (HOB).

8.

Hence, stand over to 10 [ARIF S. DOCTOR, J.]