Bombay High Court
State Bank Of India vs Dewan Housing Finance Corporation ... on 5 May, 2022
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 13673 OF 2022
IN
COMPANY PETITION NO. 398 OF 2012
State Bank of India ... Applicant
In the matter between
Dewan Housing Finance
Corporation Ltd. ... Petitioner
vs.
The Official Liquidator ... Respondent
High Court, Bombay
Mr. Aseem Naphade a/w. Mr. Saurabh Utangale, Mr. Chetan Mhatre and
Mr.Abhijit Jagtap i/b. M/s. Utangale & Co. for the Applicant.
Ms. Sneha Goyal FOR THE Official Liquidator.
Mr. H. Venegaonkar / Mr. Saurabh Kshirsagar for CBI.
Mr. Mahendhar Aithe, Company Prosecutor.
CORAM : A. K. MENON, J.
DATED : 5th MAY, 2022 P.C. :
1. By this Interim Application State Bank of India, secured creditor seeks direction to the Official Liquidator to take steps to remove movables lying within Unit No. 802 B on the 8 th floor in CTS no. 628B, "Godrej Coliseum', Behind Everard Nagar, Sion (East), Mumbai-400 022 in order to enable them Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:
2022.05.06 17:11:40 903-IAL-13673-2022-CP-398-2012.odt 1/3 +0530 rrpillai to handover vacant possession to the purchasers of the unit which was sold under the provisions of SARFAESI Act as set out in the application.
2. The Central Bureau of Investigation is impleaded as respondent no. 2 in view of the fact there is an ongoing investigation in the petitioner company and also that of the erstwhile owner of the premises namely M/s. Spanco Limited in liquidation. The CBI is represented today and it is stated on their behalf that they wish to take inspection of the unit in question and the records available within the said premises. Accordingly I pass the following order:
(i) By consent today time for inspection is fixed on 11 th May, 2022 from 11 am onwards at the site. The bank will arrange to have the site visit available for inspection along with all records which are maintained during the investigation.
(ii) CBI is at liberty to take inspection of the same and take in custody all records, if it so desires, failing which Custody will remain in State Bank of India till such further orders are passed.
(iii) In the meantime on behalf of the liquidator it is submitted that movable items which are not required by the CBI shall be removed by the liquidator provided all costs involved are borne by the bank. Mr. Naphade is willing to do so.
(iv) Interim Application is allowed in terms of prayer clause (b) provided all charges, costs and expenses that the liquidator may be incurred in this behalf are borne by State Bank of India.
903-IAL-13673-2022-CP-398-2012.odt 2/3 rrpillai
(v) As far as prayer clause (c) is concerned, after inspection of the premises and after inventory is taken, bank is directed to keep all records of the company in liquidation available at the premises in safe custody and to abide by directions of the CBI, if so required.
(vi) Interim application disposed in the above terms.
(A. K. MENON, J.) 903-IAL-13673-2022-CP-398-2012.odt 3/3 rrpillai