United India Insurance Company Limited v. The Official Liquidator Of C Mahendra Exports Ltd

5-ia-609-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.609 OF 2025 IN Digitally signed by SMITA RAJNIKANT JOSHI Date:

2025.03.24 10:50:10 +0530 APPEAL NO. 204 OF 2015 SMITA RAJNIKANT JOSHI United India Insurance Co. Ltd., .. Applicant In the matter between United India Insurance Co. Ltd., .. Appellant.

Versus

The Official Liquidator of C Mahindra Exports Limited & Another .. Respondents Adv. Aseem Naphade with Mr. Rahul Mehta, for the Applicant/Appellant.

Adv. Kishore Salunke and Adv. Kajal Singh, for Respondent No. 1 .

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

MARCH 21, 2025 P. C.

1.

The above Interim Application is filed seeking to bring on record the IRP of Original Respondent No.1 - C Mahindra Exports Limited which was originally wound up pursuant to Orders of this Court and, thereafter, the winding up Petition was transferred to the NCLT under Section 434 (1) (c) of the Companies Act, 2013 read with the Companies (Transfer of Pending Proceedings) Rules, 2016.

MARCH 21, 2025 S.R.JOSHI

5-ia-609-2025.doc 2.

It is informed to us that the IRP who is Respondent No.2 in the above Application has been served by the Applicant/ Appellant. Despite service, none have appeared on behalf of IRP. 3.

In these circumstances, Registry is directed to issue notice to Respondent No.2, returnable on 25th April 2025. Humdust permitted. In addition to the Court notice, the Advocates for the Applicant/ Appellant are permitted to serve Respondent No. 2 with the papers and proceedings in the above Interim Application as well as the Appeal, along with a copy of this order, by private notice as well.

4.

It is made clear that if Respondent No.2 does not appear on the next occasion despite service, we may proceed to decide the above Interim Application in his absence.

5.

Stand over to 25th April, 2025.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] MARCH 21, 2025 S.R.JOSHI