Bombay High Court
Official Liquidator Of Abg Cements ... vs Beumer Technology India Pvt Ltd on 6 April, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
3-olr-87-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
OFFICIAL LIQUIDATOR'S REPORT NO. 87 OF 2021
Digitally
signed by IN
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
COMPANY PETITION NO. 863 OF 2015
TALEKAR Date:
2022.04.08
In the matter of Companies Act, 1
18:19:00
+0530
of 1956
And
In the matter of Vadraj Cement
Limited (in liquidation) (formerly
known as ABG Cement Limited)
Beumer Technology India Private Limited ... Petitioner
***
Mr.Prithviraj S. Gole h/f Sandesh D. Patil for respondent- No.2-
Enforcement Directorate.
Mr.J.P. Sen, Senior Advocate a/w. Mr.Shanay Shah for O.L.
Mr.Mahendhar Aithe, Company Prosecutor of OL present.
CORAM : N. J. JAMADAR, J.
DATE : 6th APRIL, 2022 P.C.:
1. Heard Mr. Sen, the learned Senior Counsel for the offcial liquidator.
2. An affdavit-in-reply is fled on behalf of the respondent No.2- Directorate of Enforcement. In the said affdavit, it is averred, inter-alia, as under :
"..........Further, it is humbly submitted that if the value of Provisional Attachment Order No.01/2020 dated 21.01.2020 is secured than Directorate of Enforcement, Mumbai does not have any objection to sell the property by Offcial Liquidator and it is further prayed that the said Shraddha Talekar, PS 1/2 3-olr-87-2021.doc amount of Rs.952 crores may be kept aside in favour of Directorate of Enforcement in interest bearing FDR so that the appreciation of property price shall be covered.
3. In view of the aforesaid stand of the Enforcement Directorate, Mr.Sen, the learned Senior Counsel submits that the offcial liquidator may be permitted to fle a further report seeking directions for the sale of the subject property on the condition that, out of the sale proceeds an amount of Rs.952 crores be kept aside and secured.
4. The counsel for the respondent No.2 does not have objection to the said proposition.
5. Let the offcial liquidator fle a further report seeking permission for sale of the subject property.
6. In the meanwhile, the statement made on behalf of the respondent No.2, as recorded in the order dated 19th January 2022 and continued till date, shall continue to operate till further orders.
7. List on 8th June 2022.
(N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2