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

1/2 33-OLR-67-2025 (OS).DOC Digitally signed by KAWRE KIRAN KALYAN Date:

2025.11.10 18:49:44 +0530 KAWRE KIRAN KALYAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

...Petitioner

Versus

Rajendra Chemexport Pvt. Ltd.

...Respondent

_______ Mr. Rohit Gaikwad a/w Apoorva Dalal i/b Komal Punjabi for BMC. Mr. Rushabh Sheth for Official Liquidator.

Mr. Satyajit Roul, Official Liquidator and Mr. Chetan Shelke, Dy. OL, Present. _______

CORAM

:

ARIF S. DOCTOR, J.

th NOVEMBER 2025 DATE :

P.C.

1.

The Official Liquidator has by way of the present Official Liquidator Report sought the following substantive reliefs: "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.) And b) Such other and further directions as this Hon'ble Court may deem fit and proper."

Kiran Kawre

2/2 33-OLR-67-2025 (OS).DOC 2.

This court had in order to ascertain whether the amounts in the appearance raised by Mihir Enterprises and ARJ were in accordance with the BMC's schedule of rights directed the BMC to file an affidavit to this effect. 3.

Today Mr. Gaikwad, appears on behalf of the BMC had tendered an affidavit dated 6 th November 2025 filed by one Shri. Sandip Ghogare, the Assistant Engineer (B & F) of 'S' ward BMC has stated as follows: "7. I say and submit that as per court order dated 10/10/2025 I have received bills from M/s Mihir Enterprises amounting to Rs. 41,04,395/- and M/s ARJ Kadbal amounting to Rs. 78,06.613/-as per schedule rate of BMC. Except 4 items all items are in accordance with schedule rate of BMC which is verified by my office. Remaining 4 items which are not schedule rate of BMC are as per prevailing market rate and same are considered to be verified by my office. Those 4 items are as below, Sr.

Item Name Remark No.

Tempo transportation charges for tools Not Available in SOR of BMC Transportation charges for Poclain/Breaker Machine Not Available in SOR of BMC Water Tanker Not Available in SOR of BMC Safety Equipment Not Available in SOR of BMC 4.

In view of the aforesaid, given that the BMC has now certified the amounts in the said bills were as per the schedule of rates, there is no reason why the Official Liquidator Report cannot be allowed. 5.

Hence, the same is allowed in terms of prayer clause (a). (ARIF S. DOCTOR, J.) Kiran Kawre