Official Liquidator Of Archdeep Interior Infra Pvt. Ltd. (In Liquidation) v. Lake Point Builders Pvt. Ltd. (Petitioner)
1/3 Digitally signed by KAWRE KIRAN KALYAN Date:
2025.11.29 16:48:41 +0530 KAWRE KIRAN KALYAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 129 OF 2025 IN COMPANY PETITION NO. 879 OF 2015 In the matter of Companies Act, 1 of 1956;
And In the matter of Archdeep Interior Infra Pvt. Ltd. (In Liqn.) Lake Point Builders Pvt. Ltd.
...Petitioner
_______ Mr. Farheen Mustafa i/b Jayesh Mestry for Applicant. Ms. Akanksha Agrawal for Official Liquidator. Mr. Satyajit Roul, Official Liquidator.
Mr. Chetan Shelke, Dy. Official Liquidator, Present. _______
CORAM
:
ARIF S. DOCTOR, J.
th NOVEMBER 2025 DATE :
P.C.
1.
The captioned Official Liquidator's Report, what the liquidator is seeking is to give notice to the creditors under Rule 148 of the Companies (Court) Rules, 1959. Rule 148 reads thus:
"R. 148. Notice to creditors -
(1) The liquidator shall give not less than 14 days' notice of the date so fixed by advertisement in one issue of a daily newspaper in the English language and one issue of a daily newspaper in the regional language circulating in the State or
2/3 Union Territory concerned, as he shall consider suitable. Such advertisements shall be in Form No. 63.
(2) The Liquidator shall also give not less than 14 days' notice of the date fixed, in a winding-up by the Court, to every person mentioned in the statement of affairs, as a creditor, who has not proved his debt and to every person mentioned in the statement of affairs as a preferential creditor, whose claim to be a preferential creditor has not been established or is not admitted, or where there is no statement of affairs, to the creditors as ascertained from the books of the company and, in any other winding-up, to each person who, to the knowledge of the Liquidator, claims to be a creditor or preferential creditor of the company and whose claim has not been admitted, to the last known address or place of abode of such person. Such notice shall be in Form No. 64 or 65 as the case may be, and shall be sent to each creditor by pre-paid letter post under certificate of posting.
(3) All the rules hereinafter set out as to the admission or rejection of proofs shall apply with necessary variations to any claim to priority as a preferential creditor." 2.
The step that is now proposed to be taken by the Official Liquidator is the next natural consequence of the passing of the order of winding-up. 3.
Having heard learned counsel and having perused the Official Liquidator's Report, the same is allowed and disposed of in terms of prayer clauses (a) and (b) which read thus:
"a) In view of submissions made in paragraph (8) of this report, whether this Hon'ble Court be pleased to permit the Official Liquidator to invite claims from the creditors / workers under Rule 148 of the Companies (Court) Rules, 1959 by publishing Notice for inviting claims in newspapers, i.e. "Free Press Journal" (English) and "Navshakti" (Marathi), both published and having publication in Mumbai through the Panel Advertising Agency, and to pay the professional fees of Panel Advertising Agency, out of 'Common Pool Fund Account Company Paid Staff Salary Reserve Fund Account', subject to deductions of applicable taxes, if any, and subject to reimbursement of the same as and when funds are available to the credit of the Company (In Liquidation);
b) In view of submissions made in paragraph (9) of this report, whether this Hon'ble this Hon'ble Court may be pleased to permit the Official Liquidator to appoint the Panel Chartered Accountant for adjudication of the claims of the creditors, and to file list of such admitted claims of creditors with this Hon'ble
3/3 Court and also permit the Official Liquidator to pay the professional fees of Panel Chartered Accountants as already approved by this Hon'ble Court vide order dated 26.04.2023 passed on Official Liquidator Report No.51 of 2023, from 'Common Pool Fund Account - Company Paid Staff Salary Reserve Fund Account', subject to deductions of applicable taxes, if any and subject to reimbursement of the same as and when funds are available to the credit of the Company (In Liquidation);"
(ARIF S. DOCTOR, J.)