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Bombay High Court

Regional Provident Fund vs The Official Liquidator, High Court, ... on 30 March, 2021

Author: K.R.Shriram

Bench: K.R.Shriram

                                        1/2                             19.IA-260-2020.doc




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                         INTERIM APPLICATION NO.260 OF 2020
                                         IN
                          COMPANY PETITION NO.400 OF 2012
Regional Provident Fund                       ....Applicant
IN THE MATTER BETWEEN :
M/s. Videocon Industries Ltd.                 ....Petitioner
          V/s.
The Official Liquidator of M/s. Sharp
Industries Limited (In liquidation)          ....Respondent
                                     ----
Mr. Suresh Kumar for applicant.
Mr. Aditya Pimple, Advocate for official liquidator.
Mr. Mahendhar Aithe, Company Prosecutor present.
                                     ----
                                      CORAM : K.R.SHRIRAM, J.

DATED : 30th MARCH 2021 P.C. :

1 Mr. Suresh Kumar states that he has examined the papers and has advised applicant that there was no need to file the application because the office of the Official Liquidator has not rejected their claim and, therefore, seeks leave to withdraw the application. This statement of Mr. Suresh Kumar only highlights the fact that applicant had not even applied its mind before the application was filed and what is mentioned in the verification clause on oath was incorrect. Nevertheless, I grant leave to withdraw the application.
2 Interim application accordingly dismissed as withdrawn. 3 Applicant may approach the court if, it is unhappy with the adjudication order whatsoever passed by the Official Liquidator. Mr. Pimple Meera Jadhav ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 20:42:51 ::: 2/2 19.IA-260-2020.doc states that within 8 weeks the Official Liquidator will adjudicate the claim of applicant in accordance with law.

(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 20:42:51 :::