Bombay High Court
Siddika Solanki vs The Official Liquidator And 3 Ors on 9 February, 2021
Author: K.R.Shriram
Bench: K.R.Shriram
1/2 30.IA-2045-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2045 OF 2019
IN
COMPANY PETITION NO.299 OF 1994
Siddika Solanki ....Applicant
IN THE MATTER BETWEEN
Varkey Overseas Trading Co. Pvt Ltd. .....Petitioner
V/s.
The Official Liquidator and Ors. ....Respondents
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Mr. Kamal Khata i/b. Mr. Yatin Shah for applicant.
Mr. P. D. Prasad Rao for Ex-director of Sumeet Machines for respondent
nos.2 and 3.
Mr. Shanay Shah, advocate for Official Liquidator.
Mr. Mahendhar Aithe, Company Prosecutor present.
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CORAM : K.R.SHRIRAM, J.
DATED : 9th FEBRUARY 2021 P.C. :
1 Mr. Rao states that an affidavit in reply to this application has been affirmed in February 2020 and copy has been served on applicant but the affidavit is not filed in the registry. Mr. Shah for Official Liquidator states that his instructions are a copy has not been served upon the Official Liquidator. At the same time, Mr. shah states that Official Liquidator will be taking out Official Liquidator's Report to declare the transaction referred to in this application as void under the provisions of Section 536 (2) of the Companies Act, 1956.
2 Official Liquidator's Report to be taken out and copy served by 16th February 2021.
Gauri Gaekwad 2/2 30.IA-2045-2019.doc 3 Applicant herein and respondent nos.2, 3 and 4 to the application herein, shall file an affidavit in reply to Official Liquidator's Report and serve a copy thereof upon Official Liquidator by 1 st March 2021. Rejoinder, if any, to be filed and copy served by 6th March 2021. 4 Official Liquidator's Report alongwith this application to be listed for hearing on 16th March 2021. In the meanwhile, registry may also take on file affidavit in reply to be lodged by Mr. Rao to the present application and also rejoinder of applicant. 5 Mr. Shah states that Official Liquidator will also file a reply to the present application and serve a copy thereof within two weeks from today.
6 Respondent nos.2, 3 and 4 shall maintain status quo as on date. Digitally signed by Gauri A.
(K.R. SHRIRAM, J.) Gaekwad Gauri A. Date:
Gaekwad 2021.02.10
18:15:10
+0530
Gauri Gaekwad