Bombay High Court
Official Liquidator vs Hydrocarbon Development Co.Pvt.Ltd on 22 February, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 907 olr 9 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
OFFICIAL LIQUIDATOR'S REPORT NO.9 OF 2019
IN
COMPANY PETITION NO.550 OF 2013
WITH
OFFICIAL LIQUIDATOR'S REPORT NO.39 OF 2019
In the matter of Companies
Act, I of 1956;
and
In the matter of Hydrocarbon
Development Co. Pvt. Ltd. ( in
liqn.)
ETA Star Holdings Ltd. ... Petitioner
Dr. Birendra Saraf with Mr. Karl Tamboly, Ms. Apurva Gupte, Mr. Deep Morabia, Mr.
Mangesh Kokare I/by M/s. Zaid S. Ansari and Associates, for Ms. Shabnam Memon,
Ex-Director of the Company.
Mr. Suresh Pandey, for ONGC Mehsana.
Mr. Anukul B. Sheth I/by Ms. Pooja V. Thorat with Mr. A.B.Seth, for Ex-Directors
Ms.Sira Ravindran and Mr. Subhiu Ranjan Das.
Mr. Amrendra J. Mishra with Mr. Rui Rodrigues I/by Dr. R.M.Sharma, for DGH.
/Union of India.
Mr. Shanay Shah, for Official Liquidator.
Mr. Suhas P. Sawant, Dy. Official Liquidator, present.
CORAM: S.J. KATHAWALLA, J.
DATE: 22 nd FEBRUARY, 2019 P.C.:
1. The Official Liquidator has by his above Report interalia sought the following relief from this Court :
"(a) Whether in view of para (11) of this Report, and pending hearing of this report, this Hon'ble Court may be pleased to direct 1/3 ::: Uploaded on - 23/02/2019 ::: Downloaded on - 21/03/2019 01:32:23 ::: ssp 907 olr 9 of 2019.doc Directorate General of Hydrocarbons to stay the auction of the Sanganpur Oil Field which is proposed to be held on 18-01-2019;"
2. On 29th January, 2019 this Court passed an order, paragraph 1 of which is reproduced hereunder :
"1. The learned Advocate appearing for Union of India - Director General of Hydrocarbon on instructions states that the bids shall be opened on 30th January, 2019, however the process of evaluating and confirming the same shall take at least four weeks. The statement is accepted. In view thereof, no ad-interim orders are passed. However, the Official Liquidator shall forthwith comply with the order passed by this Court (Coram : K.R.Shriram, J.) dated 5 th June, 2018."
3. The matter was thereafter taken up within two weeks from the date of the said order i.e. on 15th February, 2019 when the following order was passed :
"1. The learned Advocate appearing for Union of India - Director General of Hydrocarbon on instructions states that the process of evaluating and confirming the bids shall take further 2-3 weeks. Stand over to 22nd February, 2019.
2. The Ex-Directors shall in the meantime, submit their disclosures to the Official Liquidator as sought by him in is report."
4. In view of the above assurance given to the Court viz. that the process of 2/3 ::: Uploaded on - 23/02/2019 ::: Downloaded on - 21/03/2019 01:32:23 ::: ssp 907 olr 9 of 2019.doc evaluating and confirming the bids shall take further 2-3 weeks, the matter was kept after one week i.e. today, and no ad-interim order was passed. However, today the Advocate appearing for the Union of India - Director General of Hydrocarbon states that they have evaluated the bids. I am therefore, satisfied that the Union of India - Director General of Hydro Carbon by making a false representation before this court on 15th February, 2019, that the process of evaluating and confirming the bids shall take further 2-3 weeks ensured that no ad-interim order is passed against the Union of India and Director General of Hydrocarbon, which amounts to obstructing the administration of justice. The Director General of Hydrocarbon shall therefore file his Affidavit explaining why action should not be taken against him for the aforestated conduct, which amounts to obstruction of the administration of justice. In the circumstances, the Director General of Hydrocarbon is restrained from taking any action qua the bids received for the auction of Sanganpur Oil Field or award of any contract in favour of any bidder.
5. Time to comply with the order dated 15 th February, 2019 is extended by one week from today. The Affidavit of disclosure as directed by this Court by its order dated 15th February, 2019 have been filed by Ms. Shabnam Menon, Ex-Director of the Company as well as by the other two other ex-Directors of the Company.
6. Stand over to 8th March, 2019.
( S.J.KATHAWALLA, J. ) 3/3 ::: Uploaded on - 23/02/2019 ::: Downloaded on - 21/03/2019 01:32:23 :::