Bombay High Court
The Phoenix Mills Ltd And Anr vs The Official Liquidator Of Treasure ... on 31 October, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
13..CA.586.18 in CP.487.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO. 586 OF 2018
IN
COMPANY PETITION NO. 487 OF 2014
The phoenix Mills Ltd. & Anr. ... Applicants
In the matter between
SICOM Ltd. ... Petitioner
V/s.
The Official Liquidator,
High Court, Bombay & Ors. ... Respondents
WITH
COMPANY APPLICATION NO. 589 OF 2018
IN
COMPANY PETITION NO. 487 OF 2014
Kalani Industries Pvt. Ltd. & Ors. ... Applicants
In the matter between
SICOM Ltd. ... Petitioner
V/s.
The Official Liquidator,
High Court, Bombay & Ors. ... Respondents
Mr. F.E. Devitre, Sr. Advocate and Mr. J.P. Sen, Sr. Advocate a/w Mr.
Prakhar Parekh, Mr. Kyrus Modi i/b M/s. Federal and Rashmikant for the
Applicant in CA/586/2018.
Mr. Prathamesh Kamat a/w Ms. Urvi Tanna i/b Pravin Mehta and Mithi and
Co. for Respondent No.2.
Mr. Nidesh Gupta, Sr. Advocate a/w Mr. Dharmesh V. and Ms. Bijal Vora
i/b Clove Legal for Respondent No.3.
Mr. Nidesh Gupta, Sr. Advocate a/w Ms. Spardha Sharma i/b Tushar A.
Goradia for Respondent Nos.4 to 8 and for Applicant in CAL/589/2018.
Mr.Mahendhar Aithe, Company Prosecutor for Official Liquidator.
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13..CA.586.18 in CP.487.14.doc
CORAM : K. R. SHRIRAM, J.
DATE : 31st OCTOBER, 2018. P.C. : 1 Mr. Gupta appearing for Respondent Nos.4 to 8, without
prejudice to his client's rights and contentions, states on instructions that these Respondents will not deal with or dispose of the shares or create third party rights with respect thereto or reduce the 51% shareholding that they are currently holding, in Respondent No.3. Statement accepted. 2 Mr. Gupta, without prejudice to his client's rights and contentions, further states that any dealing with or creating third party rights or encumbering or disposing of or parting with possession of or giving on leave and license of any part of the immovable/fixed assets of defendant No.3 shall be disclosed to the Official Liquidator. This disclosure shall be made simultaneously with or within 48 hours of entering into any agreement. Such a disclosure shall be made in writing and copy of the agreement shall be given in a sealed envelope to the Official Liquidator. Statement accepted.
3 Parties to complete all pleadings within four weeks from today. 4 Stand over to 11.12.2018.
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