Gujarat High Court
Diljit Builders & Associates Pvt Ltd & vs Liquidator Of Piramal Financial ... on 17 February, 2016
Bench: R.Subhash Reddy, Anant S. Dave
O/OJMCA/15/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (OJ) NO. 15 of 2016
In CIVIL APPLICATION (OJ) NO. 74 of 2016
In O.J.APPEAL NO. 45 of 2015
In COMPANY APPLICATION NO. 437 of 2009
In COMPANY PETITION NO. 147 of 2000
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DILJIT BUILDERS & ASSOCIATES PVT LTD &
1....Applicant(s)
Versus
LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES
LTD....Respondent(s)
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Appearance:
J SAGAR ASSOCIATES, ADVOCATE for Applicant No.1 2
OFFICIAL LIQUIDATOR for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.R.SUBHASH REDDY
and
HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 17/02/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) This application is filed for modification of order dated 10.02.2016 passed in Civil Application (O.J.) No.74 of 2016 by which the case of the applicant was considered for depositing the amount of impact fee, which was stated to be approximately Rs.3,50,000/ with the Official Liquidator plus the expenses of about Rs.50,000/, in total Rs.4,00,000/. Now, the applicant has correct figure of the amount to be deposited towards the impact fee i.e. Rs.6,16,950/, for which a copy of the notice dated 15.02.2016 is annexed with this application. The applicant is desirous of Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Feb 18 02:45:20 IST 2016 O/OJMCA/15/2016 ORDER depositing the above amount and accordingly a request is made to modify order dated 10.02.2016 passed in Civil Application (O.J.) No.74 of 2016.
Having regard to the facts and circumstances and submissions made by the learned counsel for the applicant, we are inclined to permit the applicant to deposit Rs.6,16,950/ (Six lakhs Sixteen thousand Nine hundred Fifty) with the competent authority of the Ahmedabad Municipal Corporation (AMC) towards payment of impact fees. It goes without saying that the above amount shall be subject to the orders that may be passed in O.J. Appeal No.45 of 2015. It is further observed that if the above amount is not deposited the same will be at the risk and peril of the applicant.
With the aforesaid observations, order dated 10.02.2016 passed in Civil Application (O.J.) No.74 of 2016 stands modified. Application is accordingly disposed of. Direct Service today is permitted.
Sd/ (R. SUBHASH REDDY, CJ) Sd/ (ANANT S.DAVE, J.) *** Bhavesh[pps]* Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 18 02:45:20 IST 2016