Bombay High Court
Official Liquidator Of Mansukh ... vs Rajendra Chemexport Pvt Ltd on 24 August, 2021
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
5-OLR-45-2021.doc
GANESH
SUBHASH
LOKHANDE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
GANESH SUBHASH
LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2021.08.27
19:21:12 +0530
IN ITS COMMERCIAL DIVISION
OFFICIAL LIQUIDATORS REPORT NO. 45 OF 2021
IN
COMPANY PETITION NO. 228 OF 1999
Official Liquidator of
Mansukh Industries Ltd. (in Liquidation) .. Petitioner
Vs.
Rasendra Chemexport Pvt. Ltd. .. Respondent
------------
Mr.Shanay Shah & Sapana Rachure for Official Liquidator.
Mr.Mohit Adwani i/b. B.Munim & Co for Sarvadaman & Pankaj
Doshi, Noticee.
Ms.Akanksha Agarwal for Texchem Trading & Dattatray
Industries.
Mr.Sandeep Parikh a/w. Jas Sanghvi i/b. PDS Legal for Viraaj Y.
Bhate, Noticee.
Ms.Yamuna Parekh for MCGM.
Mr.Mahendhar Aithe Company Prosecutor is present.
-------------
CORAM :- B.P.COLABAWALLA, J.
DATE :- 24th AUGUST, 2021.
P. C.:
1. The above Official Liquidator's Report is filed in view of Ganesh Lokhande 1/5 5-OLR-45-2021.doc the fact that the Brihanmumbai Municipal Corporation ("the BMC") has issued notices dated 17th January, 2021 & 12th April, 2019 under Section 353 B of the Mumbai Municipal Corporation Act, 1888. Under the aforesaid notices, the BMC has called upon the Official Liquidator to carry out a structural audit and submit a structural stability certificate to the BMC. The occupants of the structures for which the aforesaid notices have been issued, are M/s.Texchem Industries, M/s.Dattatraya Trading Company and Mr.Anand Girdharlal Shah.
2. As far as Mr.Anand Girdharlal Shah is concerned, the learned advocate appearing for him has stated before the Court that they have already appointed a Structural Auditor, Rehab Consultants Pvt. Ltd. It is also stated that the structure for which Mr.Anand Shah will get the structural audit done has been given on Leave and License & one D-MART. It is accordingly ordered that Mr.Anand Shah shall get the structural audit done for the aforesaid structure & submit the report to the Official Liquidator within a period of four weeks from today.
3. The learned advocate appearing on behalf of the Texchem Industries and Dattatraya Trading Company has stated Ganesh Lokhande 2/5 5-OLR-45-2021.doc that they will carry out the structural audit which are in their occupation by appointing a Structural Auditor. The structure in occupation of Texchem Industries & M/s. Dattatraya Trading Company is an independent structure consisting of ground and first floor of approximately 10,000 Sq.ft. The said statement is accepted as an undertaking to the Court.
4. As far as the balance portion is concerned, the learned advocate appearing on behalf of Mr.Sarvadaman Doshi and Mr.Pankas Doshi has stated that they have filed a Suit against the Company (in Liquidation) and other Defendants claiming the ownership and possession of the entire property. He has stated, on instructions, that the said Doshis' are not willing to carry out any structural audit and they have no objection if the premises/ structures which are not in occupation of any person is pulled down by the BMC.
5. I am afraid that this course of action cannot be adopted at this stage. If the Doshis' are claiming ownership of the entire property, it is their duty to have a structural audit conducted as required by the BMC. In these circumstances, the following order is passed:
Ganesh Lokhande 3/5
5-OLR-45-2021.doc
(a) Mr. Anand Girdharlal Shah, shall ensure that a structural audit is done by their Structural Auditor namely Rehab Consultant Pvt. Ltd within a period of four weeks from today and same shall be submitted to the Official Liquidator so as to enable him to forward the same to the BMC.
(b) Similarly, M/s. Texchem Industries and M/s. Dattatraya Trading Company shall appoint a Structural Auditor and have a structural audit conducted of the premises in their occupation and submit the structural audit report to the Official Liquidator so as to enable the Official Liquidator to forward the same to the BMC. This entire exercise shall be done within a period of four weeks from today.
(c) As far as Mr.Sarvadaman Doshi and Mr.Pankaj Doshi are concerned, they too are directed to appoint a Structural Auditor to carry out the structural audit of the balance structures on the said property and submit the said report to the Official Liquidator so as to enable the Official Liquidator to submit the same to the BMC. This entire exercise too shall be carried out within a period of four weeks from today.
6. It is needless to clarify that the above directions are given in view of the notices issued by the BMC and are without prejudice to the rights of the Official Liquidator and all other parties in OLR No.97 of 2019.
Ganesh Lokhande 4/5
5-OLR-45-2021.doc
7. The Official Liquidator's Report is disposed of in the aforesaid terms. However, there shall be no order as to costs.
8. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Ganesh Lokhande 5/5