Bombay High Court
M/S Shri Maheshwar Resorts And Hotels ... vs . Sarika W/O. Nitin Deshmuky on 31 August, 2018
Author: S.B. Shukre
Bench: S.B. Shukre
cal76.05.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
COMPANY APPLICATION (CAL) No.76 OF 2005
(In the matter of M/s. Shree Maheshwar Resorts & Hotels Pvt. Ltd. Nitin s/o. Vitthalrao
Deshmukh Vs. Sarika w/o. Nitin Deshmuky)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Advocate for the Petitioner-Company absent.
Shri S.M. Puranik, Advocate for the Beneficiaries.
Advocate for Respondent Nos.1 to 14 absent.
CORAM : S.B. SHUKRE, J.
st DATE : 31 AUGUST, 2018.
Heard Shri S.M. Puranik, learned counsel for the beneficiaries. Shri D.V. Dhondarkar, learned counsel for the Petitioner-Company is absent. Director of the Petitioner-Company is also absent.
By the affidavit filed on record on 6 th August, 2018, learned counsel for the petitioner-Company has submitted three lists. Out of these three lists, two lists are about those creditors, who as per the submission of the Company, did not furnish necessary documents and such creditors are 255 in number.
In response, Shri S.M. Puranik, learned counsel for the beneficiaries-creditors submits that all 255 creditors had already furnished original documents/ timeshares certificates/pass-books to the petitioner Company some time in July 2005. It is also submitted by Shri S.M. Puranik that in any case, the Company has in its ::: Uploaded on - 03/09/2018 ::: Downloaded on - 04/09/2018 23:35:56 ::: cal76.05.odt 2/3 record the complete list of the creditors and all the data pertaining to the creditors including the dues that the company owes to each of the creditors. It is, therefore, submitted that even this data can be used by the Company for issuing the cheques towards satisfaction of its dates to the different creditors. It is further submitted by him that an order to this effect directing the company to issue the cheques to such creditors has already been passed. However, the direction regarding making of the payment of the dues by the company to its creditors is being implemented through Shri D.V. Dhondarkar, learned counsel for the petitioner Company and that is in pursuance of the compromise reached between the Company and the creditors. It appears that some difficulties are being faced by the learned counsel for the Company and this is obvious from the delay which has occurred in implementing the direction of the Court. It would be, therefore, appropriate that the Director of the Company is also given an authority to issue cheques in favour of all the creditors along with Shri S.M. Puranik and Advocate Shri N.M. Gaidhane and Director of the Company Mr. Arun Shrivastav. However, it appears that Shri D.V. Dhondarkar is facing some difficulties in issuing the cheques and, therefore, it would be appropriate that henceforth the cheques are issued under the signature of Arun Shrivastav, Director of the Company, Shri Sudhir Puranik, Advocate and Shri N.M. Gaidhane, Advocate. Shri Arun Shrivastav, Director of the Company is directed to make necessary arrangement for implementing the ::: Uploaded on - 03/09/2018 ::: Downloaded on - 04/09/2018 23:35:56 ::: cal76.05.odt 3/3 order of this Court regarding issuance of cheques to the creditors.
As regards the prayer for adding more 178 creditors to the list of eligible creditors, I do not see any difficulty in accepting the same and it is accepted accordingly.
Stand over on 7.9.2018, Authenticated copy of this order be furnished to the learned counsel appearing for the parties.
JUDGE DWW ::: Uploaded on - 03/09/2018 ::: Downloaded on - 04/09/2018 23:35:56 :::