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Bombay High CourtOLR/136/2025disposed off

Official Liquidator Of Konark Embroidery Ltd. (In Liquidation) v. Kotak Mahindr Prime Ltd. (Petitioner)

2026-01-09Hon'Ble Justice Shri Arif S. Doctor4 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2026.01.13 10:43:53 +0530 1/4 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

(3) OFFICIAL LIQUIDATOR REPORT NO. 133 OF 2025 IN COMPANY PETITION NO. 752 OF 2015 In the matter of Companies Act, 1 of 1956 And In the matter of Germini Agro Pvt. Ltd.

(in Liquidation) Vaishali Yevle

...Petitioner

WITH

(4) OFFICIAL LIQUIDATOR REPORT NO. 134 OF 2025 IN COMPANY PETITION NO. 626 OF 2002 In the matter of Companies Act, 1 of 1956 And In the matter of Sirosmelt India Ltd.

(in Liquidation) Siegfried Jacob

...Petitioner

WITH

(5) OFFICIAL LIQUIDATOR REPORT NO. 135 OF 2025 IN COMPANY PETITION NO. 1091 OF 2001 In the matter of Companies Act, 1 of 1956 And In the matter of Kinjal Metals Ltd.

(in Liquidation) Messers Premium Investments

...Petitioner

2/4 WITH

(6) OFFICIAL LIQUIDATOR REPORT NO. 136 OF 2025 IN COMPANY PETITION NO. 964 OF 2009 In the matter of Companies Act, 1 of 1956 And In the matter of Konark Embroidery Ltd.

(in Liquidation) Kotak Mahindra Prime Ltd.

...Petitioner

WITH

(8) OFFICIAL LIQUIDATOR REPORT NO. 147 OF 2025 IN COMPANY PETITION NO. 240 OF 2003 In the matter of Companies Act, 1 of 1956 And In the matter of Harshad Arts Pvt. Ltd.

(in Liquidation) Mr. Sanjeev Nayyar

...Petitioner

_______ Ms Akanksha Agrawal for Official Liquidator.

Mr. Satyajit Roul, Official Liquidator present. Mr. Chetan Shelke, Deputy Official Liquidator present. _______

CORAM

:

ARIF S. DOCTOR, J.

th JANUARY 2026 DATE :

P.C.

Identical directions have been sought for by the Official Liquidator in all

3/4 the captioned Official Liquidator Reports. The directions which are sought for is to permit the Official Liquidator to give notice to the creditors of the companies in liquidation under Rule 148 of the Company 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 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." 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.

The Official Liquidator's Reports Nos.133 of 2025, 134 of 2025, 135 of 2025 and 136 of 2025 are allowed and disposed of in terms of prayer clauses (a) and (b) and the Official Liquidator's Report No.147 of 2025 is allowed and disposed of in terms of prayer clause (a).

4/4 [ARIF S. DOCTOR, J.]