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Bombay High Court

Official Liquidator Of Futura ... vs Daewoo International Corporation ... on 9 December, 2021

Author: Milind N. Jadhav

Bench: S.J. Kathawalla, Milind N. Jadhav

                                      1    / 3                   6-IAL-5697-2020.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                  INTERIM APPLICATION (L) NO. 5697 OF 2020
                                          IN
                            APPEAL NO. 81 OF 2019
                                     WITH
               OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020
Futura Polyesters Limited                           ...   Appellant/Applicant
      Versus
Daewoo International Corporation Ltd. and another   ...   Respondents
                                 ALONGWITH
                  INTERIM APPLICATION (L) NO. 10636 OF 2021
                                          IN
               OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020
                                 ALONGWITH
                  INTERIM APPLICATION (L) NO. 9951 OF 2021
                                          IN
               OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020
                                 ALONGWITH
                  INTERIM APPLICATION (L) NO. 9958 OF 2021
                                          IN
               OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020
                                 ALONGWITH
                  INTERIM APPLICATION (L) NO. 9967 OF 2021
                                          IN
               OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020



Kanchan P Dhuri
                                           2    / 3                      6-IAL-5697-2020.odt

                                     ALONGWITH
                    INTERIM APPLICATION (L) NO. 9952 OF 2021
                                              IN
                 OFFICIAL LIQUIDATOR REPORT NO. 120 OF 2020
                                          .........
Ms. Anaisha Zacharia instructed by Crawford Bayley & Co. for the Applicant in IAL-
5697-2020.
Mr. Akshay Patil alongwith Ms. Neha Patil instructed by Mr. Akshay Kamble for
Respondent Nos.9, 22 to 25, 28 and 29.
Mr. Inayat Ali Qureshi instructed by KK Associates for the Applicants in IAL-10636-
2021, IAL-9951-2021, IAL-9958-2021, IAL-9967-2021 and IAL-9952-2021.
Mr. Aditya Pimple for the Official Liquidator.
Mr. Mahendhar Aithe, Company Prosecutor, present.
                                        .........
                                    CORAM :         S.J. KATHAWALLA AND
                                                    MILIND N. JADHAV, JJ.
                                    DATED :         DECEMBER 9, 2021.
P.C. :-

1. The Applications filed by the third party purchasers under Section 536(2) of the Companies Act, 1956, seeking validation of sales in their favour by the Company in Liquidation may by consent of the parties be heard by the Learned Company Judge. The Official Liquidator shall also be at liberty to file his report before the Learned Company Judge qua the assets of the Company in liquidation. All contentions of the parties are kept open.

2. The Interim Application taken out by the ex-directors seeking transfer of the Company Petition to NCLT shall also be heard by the Learned Company Judge. Kanchan P Dhuri 3 / 3 6-IAL-5697-2020.odt

3. The Interim Application (L) No.10636 of 2021, Interim Application (L) No.9951 of 2021, Interim Application (L) No.9958 of 2021, Interim Application (L) No.9967 of 2021 and Interim Application (L) No.9952 of 2021 shall be placed before the Learned Single Judge for hearing.

( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date:

2021.12.10 17:34:13 +0530 Kanchan P Dhuri