Bibby Financial Services India Pvt Ltd vs Ecotech Apparels Pvt Ltd on 27 November, 2025

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Delhi High Court - Orders

Bibby Financial Services India Pvt Ltd vs Ecotech Apparels Pvt Ltd on 27 November, 2025

Bench: Prateek Jalan

                          $~C-1 & 2
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CO.PET. 328/2011, CO. APPL. 990/2024, 583/2025
                                    BIBBY FINANCIAL SERVICES INDIA PVT LTD .....Petitioner

                                                                  versus

                                    ECOTECH APPARELS PVT LTD                                                          .....Respondent

                          +         CRL.O.(CO.) 13/2013
                                    M/S ECOTECH APPARRELS PVT LTD                                                          .....Petitioner

                                                                  versus

                                    SH. GAGANDEEP SINGH SAHNI & ORS.                                                .....Respondents

                          Appearance:
                          Mr. D. Bhattacharya, SC for OL.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                                ORDER

% 27.11.2025 CO. APPL. 583/2025 in CO.PET. 328/2011

1. The Official Liquidator ["OL"] has moved this application under Section 481 of the Companies Act, 1956, for dissolution of the Company (in liquidation), namely M/s Ecotech Apparels Pvt. Ltd.

2. Pursuant to an order dated 08.05.2013, the OL was appointed as the Provisional Liquidator of the Company (in liquidation). The OL took possession of the assets of the Company (in liquidation), including its registered office at Plot No. 11, Samalka, Kapashera-Najafgarh Road crossing, New Delhi - 110037.

CO.PET. 328/2011 & CRL.O.(CO.) 13/2013 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 21:49:55

3. In this application, it is stated by the OL that claims were invited, in terms of the order dated 01.03.2025, by publication in newspapers on 28.04.2025. However, no claims have been received pursuant to the said publication.

4. The fund position of the Company is Rs.2,54,264.25/-, after deduction of expenses, which the OL requests may be adjusted in the common pool fund.

5. The only issue which requires resolution is with regard to possession of the registered office mentioned above. It appears that the office was a rented property, for which the landlord is one Mr. Jagdish Kumar, son of Mr. Mange Ram, R/o 1295/1-B, Village and Post Kapashera, New Delhi - 110037. Mr. Jagdish Kumar filed an application before this Court, being CO. APPL. 193/2022, seeking a direction upon the OL to de-seal and vacate the premises, and hand over possession to him. An order dated 20.02.2024 was passed in the said application, directing the OL to de-seal the premises and handover its possession to Mr. Jagdish Kumar within seven days.

6. It appears that Mr. Jagdish Kumar did not come forward to take possession, as a result of which the OL filed CO. APPL. 583/2023, inter alia seeking permission to de-seal the premises and handover vacant possession to the landlord. Notice of this application was issued on 12.03.2025 to Mr. Jagdish Kumar. Although, the office reports that the OL has filed an affidavit of service, Mr. Jagdish Kumar has not entered appearance since.

7. Mr. D. Bhattacharya, learned Standing Counsel for the OL, submits that in these circumstances, the Court may direct the OL to vacate the CO.PET. 328/2011 & CRL.O.(CO.) 13/2013 Page 2 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 21:49:55 premises without further reference to the landlord.

8. Before taking a measure of this nature, I am of the view that one more attempt may be made to hand over the property to Mr. Jagdish Kumar. Mr. Bhattacharya is requested to transmit a copy of this order to Mr. Jagdish Kumar at the address mentioned in CO. APPL. 193/2022, as well as to counsel who filed the said application on his behalf, viz. Mr. Kamal Katyan and Mr. Somender Yadav, by mobile and e-mail at the details mentioned therein. Mr. Bhattacharya is directed to file an affidavit of compliance within ten days from today.

9. In the event, Mr. Jagdish Kumar does not enter appearance despite compliance with this order, it will be presumed that he has no objection to the OL vacating the said premises without any formal handing over, and the OL will not be responsible for the premises thereafter.

10. List on 22.12.2025.

CO.PET. 328/2011

CRL.O.(CO.) 13/2013 List on 22.12.2025.

PRATEEK JALAN, J NOVEMBER 27, 2025 SS/KA/ CO.PET. 328/2011 & CRL.O.(CO.) 13/2013 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 21:49:55

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Delhi High Court - Orders