Bombay High Court
Icici Bank Limited vs Parasrampuria Industries Ltd. And The ... on 31 October, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
39..CA.397.18 in CP.454.98.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO. 397 OF 2018
IN
COMPANY PETITION NO. 454 OF 1998
ICICI Bank Ltd. ... Applicants
In the matter between
J.K. Credit & Finance Ltd. ... Petitioner
V/s.
Parasrampuria Industries Ltd. and
The Official Liquidator, High Court, Bombay ... Respondents
Mr. Venkatesh Dhond, Sr. Advocate a/w Ms. Gargi Bhagwat i/b Divekar
Bhagwat and Co. for Applicant.
Mr. Rohit Gupta a/w Ms. Pallavi Dhok i/b M/s. Manilal Kher Ambalal & Co.
for Respondent.
Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator.
CORAM : K. R. SHRIRAM, J.
DATE : 31st OCTOBER, 2018. P.C. : 1 Further to the direction passed by this Court vide order dated
01.08.2018, read with orders dated 12.09.2018 and 24.09.2018, the Applicant has filed an affidavit of one Mr. Vijay Chandok affirmed on 28.09.2018 in which the Applicant has explained the reason for the delay in filing its affidavit of proof of debt with the office of the Official Liquidator and also explained the reason for incorrect statements made in the affidavit in support, as highlighted by the Company Prosecutor. Waghmare 1/2 ::: Uploaded on - 02/11/2018 ::: Downloaded on - 03/11/2018 01:08:25 :::
39..CA.397.18 in CP.454.98.doc 2 Even though in the affidavit in support what is stated is the Applicant is a bank with various departments and one department does not know what the other department is doing, (which means there is no internal co-ordination between the departments and that only displays the sorry state of affairs), I would still accept the affidavit as sufficient explanation in view of the unconditional apology rendered for the incorrect statements made to the Court. But Applicant has to be put to terms.
3 Application is allowed in terms of prayer clause (a). Applicant to give a donation of Rs.5 lakhs (Rupees Five Lakhs only) to Mumbai Police Welfare Fund and this amount will be paid within two weeks from today. 4 Liquidator to consider the affidavit of proof of debt only upon being satisfied that this amount has been paid.
5 Application accordingly disposed.
(K. R. SHRIRAM, J.) Waghmare 2/2 ::: Uploaded on - 02/11/2018 ::: Downloaded on - 03/11/2018 01:08:25 :::