Bombay High Court
Official Liquidator vs Hydrocarbon Development Co.Pvt.Ltd on 29 January, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 927 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
In the matter of the Companies Act, I
of 1956;
and
In the matter of Hydrocarbon
Development Co. Pvt. Ltd. ( in liqn.)
ETA Star Holdings Ltd. ... Petitioner
Mr. Shanay Shah, for Official Liquidator.
Ms. Rui A. Rodrigues, for Union of India.
Mr. Girish Paryani, for ONGC, Mumbai.
Mr. Anukul B. Seth I/by Ms. Pooja V. Thorat, for Ex-Directors of the Company.
Mr. Shrinivas Deshmukh with Ms. Venila Shah I/by M/s. Anil Fernandes, for
Defendant Nos.1 and 2.
Mr. Karl Tamboly with Mr. Zaid Ansari, Mr. Mangesh Kokare, Mr. Deep Morabia I/by
M/s. Said S. Ansari and Associates, for Ex-Director - Shabnam Memon.
Mr. Mahendra Aithe, Company Prosecutor, present.
CORAM: S.J. KATHAWALLA, J.
DATE: 29th JANUARY, 2019 P.C.:
1. The learned Advocate appearing for Union of India - Director General of Hydrocarbon on instructions states that the bids shall be opened on 30 th 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 1/2 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 31/01/2019 01:23:00 ::: ssp 927 olr 9 of 2019.doc Court (Coram : K.R.Shriram, J.) dated 5th June, 2018.
2. 770 barrels of crude oil extracted and lying with the Company in liquidation, shall be handed over to the ONGC, Mehsana within a period of two weeks from today. However, all rights and contentions of the parties are kept open.
3. Before parting with this order, it is necessary to record that the Director General of Hydrocarbon is constrained to hold the auction because the order passed by this Court (Coram : K.R.Shriram, J.) as far back as on 5 th June, 2018 directing the Official Liquidator to go through the papers submitted by the Union of India - Director General of Hydrocarbon and to convey his stand/decision, is not complied with by the Official Liquidator and I am informed that the same is not done since the Official Liquidator has misplaced the documents submitted by the Union of India. Such conduct on the part of the Official Liquidator is unpardonable and is strongly deprecated. If the Official Liquidator had lost the documents, it was his duty to immediately inform the Company Court or in the alternative he ought to have requested the Union of India to forward a fresh set of documents to enable him to comply with the order dated 5th June, 2018. However, he has not done neither and is therefore, guilty of dereliction of his duties. A copy of this order shall be forthwith forwarded to the Ministry of Corporate Affairs, Union of India.
( S.J.KATHAWALLA, J. ) 2/2 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 31/01/2019 01:23:00 :::