Bombay High Court
Phoenix Arc Pvt Ltd vs The Official Liquidator Of Elder Health ... on 2 March, 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.23232 OF 2021
PRIYA
RAJESH IN
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR COMPANY PETITION NO.195 OF 2015
Date: 2022.03.04
10:22:33 +0530
Phoenix ARC Private Limited ... Applicant
and
The Official Liquidator of Elder
Health Care Limited ... Respondent
In the matter between-
Julie India Limited ... Petitioner
vs.
Elder Health Care Limited ... Respondent
Mr.Arshil Shah a/w. Ms.Smita Durve and Mr.R.Shah for the Applicant.
Mr.Mahendhar Aithe, Company Prosecutor.
CORAM : A. K. MENON, J.
DATED : 2nd MARCH, 2022.
P.C. :
1. Mr.Shah appearing in support submits that the amendment
permitted, vide order dated 9th February, 2022 could not be carried out. He
seeks extension of time. He submits that the schedule of amendment has
already been approved by its clients as it is a part of Interim Application (L)
No.1905 of 2022, which has been allowed on 9 th February, 2022. Mr.Shah
states that he will carry out amendment during the course of the day.
32 ial 23232-21 in cp 195-15.odt 1/3
p r soparkar
Statement is accepted. Accordingly, one week's time is granted to carry out
amendment.
2. Re-verification is dispensed with.
3. The interim application further seeks direction to the Liquidator to
hand over the property described in prayer clause (b) of the application. The
applicant seeks to proceed under SARFAESI Act pursuant to the Deed of
Assignment executed in their favour on 28 th March, 2014. The applicant
also seeks a direction to the Liquidator to assist in the matter by providing
copies of the Records and Proceedings relevant to the extent of the property
in which the applicant has security interest. The Liquidator has been served
and a reply on behalf of the Liquidator has been filed on 23 rd February,
2022.
4. Paragraph No.20 of the reply states that the applicant may be
allowed to take possession subject to compliance with the requirement of the
Official Liquidator, as set out in the said para.
5. Mr.Shah having perused paragraph Nos.20(a) to 20(e) states that his
clients will comply requirements with all without any delay.
6. In view of the averments contained in the said reply and the
statement made on behalf of the applicant, I pass the following order.
32 ial 23232-21 in cp 195-15.odt 2/3
p r soparkar
ORDER
i. Interim Application is allowed in terms of prayer clauses (b) and (b1) as forming part of the amendment permitted on 9th February, 2022.
ii. Copy of this order shall be issued only after the amendment is carried out.
iii. Applicant shall also pay over to the Liquidator all amounts payable to the Liquidator with outstanding security charges, valuation charges and other costs incurred by the Liquidator within two weeks from today. iv. Upon deposit of these amounts, Official Liquidator is permitted to discharge those debts after verification of the claims.
(A.K. MENON, J.) 32 ial 23232-21 in cp 195-15.odt 3/3 p r soparkar