Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

M/S Royal Marine Co & Ors vs Naftogaz India Private Ltd on 14 September, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~5(company)
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    CO.PET. 128/2011
                         M/S ROYAL MARINE CO & ORS.        ..... Petitioners
                                          Through:

                                                versus

                             NAFTOGAZ INDIA PRIVATE LTD                ..... Respondent
                                          Through: Mr.Shubhendu Bhattacharya, Adv.
                                                     for Mr.Kunal Sharma, SC for OL.
                                                     Mr.Akash Jain, Mr.Divij Andley,
                                                     Advs. for ex-management.
                                                     Mr.Naveen Nagarjuna, Adv. for
                                                     BORL.
                                                     Mr.T.P. Singh, SCGC for UOI.
                                                     Mr.Nikhil Mundeja, Mr.Nirbhay
                                                     Narain Singh, Advs for IOCL.
                                                     Mr.Vidur Mohan and Mr.Ketan
                                                     Sarraf, Advs. for applicant in CA
                                                     457/2022.
                             CORAM:
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                          ORDER

% 14.09.2022 OLR 247/2015, 347/2015, 89/2016, 175/2018, 291/2019

1. The learned counsel for the Official Liquidator submits that no further prayer(s) survive in these reports.

2. The same are accordingly disposed of as infructuous.

3. By this application, the applicant prays for a direction to the Official Liquidator to sell the basement and ground floor of the property, being E- 14/13, Vasant Vihar, New Delhi-110057, to the applicant at a price as directed by this Court.

4. The learned counsel for the Official Liquidator points out that the proposal was put to the secured creditors, who have opined that the property be put to auction. In my opinion, that is the best course to be adopted by the Official Liquidator.

5. The Official Liquidator shall take steps to put the said property to auction expeditiously and without any further delay. In the said auction, the applicant is free to participate.

6. The application is disposed of.

7. This application has been filed by the Official Liquidator seeking permission to de-seal and re-seal the premises, bearing plot no. E-14/13, Ground floor and Basement, Vasant Vihar, New Delhi-110057, to provide inspection of records of the Company (in Liqn.) to Mr.Madoom Bava, the ex-director of the company.

8. It is stated that by an order dated 30.01.2021, the learned ACMM (Spl Act), Central District, Tis Hazari, Delhi has directed the Official Liquidator to de-seal the said premises once again to provide the inspection of the records of the Company (in Liqn.) to the ex-director.

9. Having considered the contents of the application, the permission prayed for is granted. The Official Liquidator shall inform the date and time of de-sealing of the property to Mr.Madoom Bava, the ex-director of the company and provide the inspection of the records to him as directed. The property shall thereafter be resealed.

10. The application is disposed of.

11. By this application, the Official Liquidator prays for permission to Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.09.2022 19:10:15 evaluate the Concrete RCC mattresses of the Company (in.Liqn.) lying at Pipav Port Ltd. Rajula, (Gujarat), from the approved valuer on the panel of the office of the Official Liquidator, Ahmedabad, Gujarat.

12. Having considered the contents of the application, the prayer made is granted. The Official Liquidator shall also expeditiously take steps to ensure that the Concrete RCC mattresses of the Company (in Liqn.) are sold without any further delay.

13. The learned counsel for the Official Liquidator points out that no further updates on the sale of subject goods pursuant to the order of this Court dated 10.01.2017 have been received from the Customs Department.

14. Let notice be issued to the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India, to be served through its Standing Counsel, seeking status on the implementation of the order dated 10.01.2017 passed by this Court. The notice shall be accompanied with a copy of the application as also the order of this Court dated 10.01.2017, with a direction that such status report shall be filed at least two weeks in advance of the next date of hearing. CO.APPL.259/2020 (Exemption)

15. Allowed, subject to all just exceptions.

CO.APPL.316/2019, 258/2020 and 262/2021

16. The learned counsel for the Official Liquidator submits that these applications have been rendered infructuous. They are accordingly disposed of.

17. The learned counsels for the petitioner and the Official Liquidator Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.09.2022 19:10:15 point out that this application has already been disposed of vide order of this Court dated 26.11.2018. The same be not shown in the cause list any further.

18. The learned counsels for the petitioner and Official Liquidator point out that this application has already been disposed of vide order of this Court dated 20.11.2020. The same be not shown in the cause list any further.

19. The learned counsels for the petitioner and Official Liquidator point out that this application has already been disposed of vide order of this Court dated 03.03.2022. The same be not shown in the cause list any further. CO.PET. 128/2011 & CO.APPL. 642/2013, 683/2013, 1376/2013, 2423/2014, 589/2016, 1995/2016, 2207/2016, 724/2017, 773/2017, 853/2018, 188/2020 and OLR 313/2019

20. List on 15th December, 2022.

NAVIN CHAWLA, J SEPTEMBER 14, 2022/Arya Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.09.2022 19:10:15