Delhi High Court - Orders
Overseas Polymers Pvt. Ltd vs Bharat Foam Udyog Private Ltd on 1 March, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~4 (Company Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 283/2016 & CO.APPL.s 740/2020, 98/2021, 184/2018 &
22/2021
OVERSEAS POLYMERS PVT. LTD. ..... Petitioner
Through:
versus
BHARAT FOAM UDYOG PRIVATE LTD. ..... Respondent
Through: Mr. Shubhendu Bhattacharyya, Adv.
for Mr. Kunal Sharma, Adv. Counsel
for OL
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 01.03.2021
(Video-Conferencing)
CO.APPL. 740/2020(under Rule 6 & 9 of Company (Court) Rules, 1959)
1. Mr. Shubendu Bhattacharya, learned counsel for Official Liquidator, seeks and is granted two weeks further time to file a reply to this application, with advance copy to learned counsel for the applicant.
2. Re-notify on 24th March, 2021.
CO. APPL. 98/2021 (under Rule 9 of the Companies (Court) Rules, 1959)
1. The Official Liquidator seeks, by means of this application, permission to auction the plant and machinery, land and building of M/s Signature Not Verified Bharat Foam Udyog Private Limited, company under liquidation, located at Digitally Signed By:SUNIL SINGH NEGI CO.PET. 283/2016 Page 1 of 4 Signing Date:02.03.2021 21:25:04 Plot No. 15/4, Mathura Road, Faridabad, Haryana, and to publish the sale notice therefor in the newspapers stated in the application.
2. For the reasons stated in the application, the prayer is allowed.
3. The Official Liquidator is permitted to conduct e-auction of the plant and machinery, land and building of M/s Bharat Foam Udyog Private Limited, located at Plot No. 15/4, Mathura Road, Faridabad, Haryana, and to publish the sale notice, for the said purpose, in the Delhi and NCR editions of the Hindustan Times (English) and Jansatta (Hindi).
4. The e-auction may be conducted through M/s Railtel Corporation of India Limited, an e-auction agency approved by this Court.
5. The Official Liquidator is also permitted to appoint a Chartered Accountant, empanelled with its office to adjudicate the claims of the secured and unsecured creditors, workmen and shareholders of M/s Bharat Foam Udyog Private Limited, as received by the office of the Official Liquidator.
6. Co. Appl. 98/2021 stands disposed of in the aforesaid terms.
CO. APPL. 184/2018(under Rule 9 of the Companies (Court) Rules, 1959)
1. Co. Appl. 184/2018 has become infructuous and the Official Liquidator seeks permission to withdraw the application.
2. The Co. Appl. 184/2018 is dismissed as withdrawn.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 283/2016 Page 2 of 4 Signing Date:02.03.2021 21:25:04CO. APPL. 22/2021(under Rule 9 of the Companies (Court) Rules, 1959)
1. This is an application by Mr. Amit Jain, one of the former Directors of M/s Bharat Foam Udyog Private Limited ("the Company"), presently under liquidation. The factory premises of the Company were located at Plot No. 15/4, Mathura Road, Faridabad, Haryana. The records of the Company are stated to be contained in a cupboard located at 1646/47, S.P. Mukherjee Marg, New Delhi-110006, which was sealed by the Official Liquidator on 7th September, 2016.
2. RC (REV) 681/2015, between the Company and the landlord of the aforesaid premises at 1646/47, S.P. Mukherjee Marg, New Delhi-110006, resulted in a final Judgment dated 19th February, 2020, of this Court, against the Company and in favour of the landlord. Consequent thereto, it has become necessary for the company to vacate the premises at 1646/47, S.P. Mukherjee Marg, New Delhi-110006. The company, therefore, intends to shift the premises to another location.
3. It is in these circumstances that Mr. Jain has moved the present application, seeking permission to shift the records of the company from the premises at 1646/47, S.P. Mukherjee Marg, New Delhi-110006 to the premises at Plot No. 15/4, Mathura Road, Faridabad, Haryana.
4. The Official Liquidator has filed a response to the application, submitting that he has no objection to the prayer of the applicant being allowed subject to the applicant bearing the expenses for shifting the Signature Not Verified records to the premises at Plot No. 15/4, Mathura Road, Faridabad, Digitally Signed By:SUNIL SINGH NEGI CO.PET. 283/2016 Page 3 of 4 Signing Date:02.03.2021 21:25:04 Haryana, and the Official Liquidator is permitted to prepare an inventory of the records, for which purpose the Official Liquidator has sought permission to break open the almirah and inventorise the records contained therein, in the presence of the applicant.
5. Learned counsel for the applicant has no objection. Accordingly, the Official Liquidator is permitted to break open the almirah, presently at 1646/47, S.P. Mukherjee Marg, New Delhi-110006, so that it could inventorise the records of the company under liquidation present therein in the presence in the applicant. Thereafter, the applicant is permitted to shift the said records to the premises at Plot No. 15/4, Mathura Road, Faridabad, Haryana, which are also under the control of Official Liquidator.
6. Let the aforesaid exercise be conducted on 6th March, 2021, at 11:00 a.m.
7. The application stands disposed of accordingly.
C.HARI SHANKAR, J MARCH 1, 2021 ss Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 283/2016 Page 4 of 4 Signing Date:02.03.2021 21:25:04