Official Liquidator Of Thermovision Engineering Sales And Services Pvt. Ltd. (In Liquidation) v. Varsha Refractories Pvt. Ltd. (Petitioner)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

(7) OFFICIAL LIQUIDATOR REPORT NO. 9 OF 2026 IN COMPANY PETITION NO. 148 OF 2013 In the matter of Companies Act, I of 1956;

And In the matter of Thermovision Engineering Sales and Services Pvt. Ltd. (In Liqn.) Varsha Refractories Pvt. Ltd.

...Petitioner

AND

(8) OFFICIAL LIQUIDATOR REPORT NO. 30 OF 2026 IN COMPANY PETITION NO. 88 OF 2002 In the matter of Companies Act, I of 1956;

And In the matter of Official Liquidator Of Delta (worldwide) Maschinen Fabrik Pvt. Ltd. (in Liquidation) Atul Himmatlal Shah

...Petitioner

AND

(9) OFFICIAL LIQUIDATOR REPORT NO. 33 OF 2026 IN COMPANY PETITION NO. 382 OF 1999

2/5 In the matter of Companies Act, I of 1956;

And In the matter of Official Liquidator Of Spark Metalloy Pvt.

Ltd. (in Liquidation) Sou. Sunanda Ashok Kadappa And Ors,

...Petitioners

AND

(10) OFFICIAL LIQUIDATOR REPORT NO. 34 OF 2026 IN COMPANY PETITION NO. 1109 OF 2002 In the matter of Companies Act, I of 1956;

And In the matter of Official Liquidator Of Special Fibres Pvt.

Ltd. (in Liquidation) M/s.special Fibres Pvt. Ltd.

...Petitioner

_______ Mr. Harsh Moorjani, for Official Liquidator.

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

CORAM

:

ARIF S. DOCTOR, J.

rd JANUARY, 2026 DATE :

P.C.

1.

All these matters were placed on board today since a common issue arises. Each of the captioned Official Liquidator's Reports seeks dissolution of the Companies in question and consequential dispensation with the compliance

3/5 which would otherwise be required during the course of final dissolution of a company in liquidation.

2.

For the convenience of the Court, the Official Liquidator has prepared a list setting out (i) the date on which the winding-up order was passed; (ii) the funds available; and (iii) the status of the claim in each of the companies. 3.

The details of each of the companies are set out as follows: Sr. No. OLR NO.

Date of winding Funds Claims up /provisional Available liquidator appointment 21st November, 2014 Nil

(1) Claims invited on OLR No. 9/2026 (Thermovision 06.12.2025; No claims Engineering Sales and received [Para 15, Pg.10] Services Pvt. Ltd.)

(2) One suo motu claim received from Sales Tax department for Rs.

1,14,75,253/-[Para 14, Pg.

9].

29th June, 2010 Nil

1) Claims invited, and last OLR No. 30/2026 (Delta (Worldwide date for submission was Maschinen Fabrik Pvt.

31.01.2013; No claims Ltd.) received. Para 10, Pgs. 4 and 5]

(2) Advertising expenses of Rs. 23,875/- was initially borne from the common pool fund maintained by OL, with reimbursement to be made from the company's funds. However, in the absence of any funds or assets, the same may be written off. [Para 10, Pgs. 4

4/5 and 5].

13th July, 2007 Nil

(1) Claims invited, and last OLR No. 33/2026 (Spark Metalloy Pvt.

date for submission was Ltd.) 30th April 2013; No claims received. [Para 12, Pg.7].

16th August, 2010 Nil

1) Claims invited and last OLR No. 34/2025 (Special Fibres Pvt.

date for submission was Ltd.) 11th January 2013; No claims received [Para 10, Pg.

4]

(2) Advertising expenses of Rs. 14,162/- was initially borne from the common pool fund maintained by OL, with reimbursement to be made from the company's funds. However, in the absence of any funds or assets, the same may be written off. Para 10, Pg.4].

4.

Mr. Moorjani however, points out that in so far as OLR No. 9 of 2026 is concerned, there is a suo-moto claim received from the Sales Tax Department of sum of Rs. 1,14,75,253/-. He submits that this however, should not come in the way of passing of the Order of dissolution since there are no funds or assets available in the name of Company in liquidation. Furthermore, he points out that in OLR No. 30, 33 and 34 of 2026, the Official Liquidator has incurred advertising expenses out of common pool of funds maintained by the Official Liquidator, he submits that since none of those companies in liquidation have any assets or funds, the said amount spent by the Official Liquidator would have to be returned of.

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Having due regard to the submissions and having noted that the Official Liquidator has now set out that none of the said companies have any assets or funds. The Reports are accordingly allowed as prayed for. [ARIF S. DOCTOR, J.]