Official Liquidator Of Zenith Infotech Limited. (In Liquidation) v. The Bank Of New York Mellon, London Branch (Petitioner)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO. 81 OF 2025 IN CONTEMPT PETITION NO. 28 OF 2012 Official Liquidator of Zenith Infotech Ltd.(In Liquidation) AND The Bank of New York Mellon, London Branch

...Petitioner

Ms. Deepti Prabhu with Ms. Isha Patil i/b AXB & Partners for the original Petitioner-BNYM.

Mr. Anil C. Singh, ASG of India with Mr. M. S. Bharadwaj, Mr. Chaitanya Chavan, Mr. Krishnakant Deshmukh, Mr. Aadarsh Vyas and Mr. Rajdutt for the Intervenor-DC-SEEPZ.

Mr. Muttahar Khan, for the Official Liquidator with Mr. Sayajit Raut, Official Liquidator and Mr. Anil Bhagure, Deputy Official Liquidator present.

CORAM

:

ABHAY AHUJA, J.

DATE :

30th MARCH, 2026 P.C. :

1.

Pursuant to the order dated 27th March, 2026, today when the matter is called out, Mr. Singh, learned Additional Solicitor General of India appears for the Respondent-Development Commissioner and at the outset on his behalf tenders an unconditional apology and submits that the Development Commissioner is personally present in the Court as per the directions of this Court and would place an unconditional apology under an affidavit apologizing for the incident of breaking open the seal and lock of the Official Liquidator without the prior Nikita Gadgil 1/3

permission or even notice to the Official Liquidator, in whose possession the said premises was and that such an act would never be repeated in future.

2.

Mr. Khan, learned Counsel appearing for the Official Liquidator, High Court, Bombay submits that pursuant to the order dated 27th March, 2026, the lock put by the Development Commissioner, SEEPZ has been removed and the seal and lock of the Official Liquidator has been put and also the inventory of the articles in the said premises have been taken and inventory has matched with the inventory taken at the time of valuation on 28th May, 2025 and tenders across the bar report of the Official Liquidator in this regard dated 28th March, 2026. 3.

Since, Mr. Khan, learned Counsel appearing for the Official Liquidator submits that the intending purchaser would be visiting the said premises viz. 005, ground floor, Multi-Storey Building, SEEPZ, Andheri(E), Mumbai on 1st April, 2026 at 11.00 a.m., this Court may permit the same and also direct the officials of the Development Commissioner to co-operate and also to remain present at the time of said inspection.

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4.

In view of the aforesaid submissions and having consider the submissions, the following order is passed:-

ORDER

(i) The Official Liquidator's Report dated 28th March, 2026 is taken on record.

(ii) Let the Development Commissioner place on affidavit on the lines as submitted by the learned Additional Solicitor General of India within a period of two weeks with copy to the other side. (iii) Let the Development Commissioner appoint necessary officials to remain present at the time of the inspection on 1st April, 2026 at 11.00 am and to co-operate with the Official Liquidator, High Court, Bombay in allowing the intending purchaser to take inspection on 1st April, 2026.

(iv) Let a report of the said inspection also be placed before this Court on the next date.

5.

List on 27th April, 2026 on the supplementary board. 6.

This Court appreciates the presence of the learned Additional Solicitor General of India.

Digitally signed by NIKITA YOGESH GADGIL Date:

2026.03.30 20:33:55 +0530 (ABHAY AHUJA, J.) NIKITA YOGESH GADGIL Nikita Gadgil 3/3