Bombay High Court
Idbi Trusteeship Services Ltd vs The Official Liquidator Of Spanco Ltd on 12 July, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2024:BHC-OS:10264
24. IAL 29397-23 in CA 61-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 29397 OF 2023
IN
CONTEMPT APPLICATION NO. 61 OF 2017
IDBI Trusteeship Services Ltd. ...Applicant
Vs.
The Official Liquidator of Spanco Ltd. ...Respondent
In the matter between
CISCO System Captial (India) Pvt. Ltd. ...Petitioner
Vs.
The Official Liquidator of Spanco Ltd. ..Respondent
Mr. Harish Raman i/b Mrs. Rathina Maravarman for Applicant.
Mr. Rushabh Sheth for Official Liquidator.
Mr. Chandan Kumar, Official Liquidator present.
CORAM : ABHAY AHUJA, J.
DATE : 12th JULY, 2024
P.C. :
1. This Interim Application seeks following prayers:-
" (a) This Hon'ble Court be pleased to direct the Official Liquidator to hand over to Applicant, within two weeks of the passing of the Order, possession of the property being C01 - 5008, 5th Row, Ground Floor, A Wing, City Mall situated at Plot No.4, Sector - 9 at Vashi, Navi Mumbai admeasuring about 6363.91 square meters in compliance to the earlier Order dated 27.11.2017 passed in Company Application No.61 of 2017 (excluding Gala admeasuring 182 sq.ft. Already handed over);
(b) This Hon'ble Court be pleased to direct the Official Liquidator to file Status report on all immovable / moveable assets of the Liquidated Company inter alia the properties that have been sold till date and the sale proceeds received along Nikita Gadgil 1/2 ::: Uploaded on - 12/07/2024 ::: Downloaded on - 22/07/2024 02:13:48 :::
24. IAL 29397-23 in CA 61-17.doc with details of Secured Financial Creditors entitled to the said sale proceeds as under Section 529 (A) of the Companies Act."
2. The Official Liquidator has filed reply, where it has been clearly stated that the possession of the office premises situated at C-01-5008, 4th Row, Ground Floor, A Wing, City Mall, Plot No. 4, Sector 19, Vashi, Navi Mumba,i has been handed over to the senior manager of the Applicant and the senior manager had placed a new lock on the door of the said premises and taken possession. In paragraph 23 of the reply it has been stated that the property which was in the possession of the Official Liquidator was handed over to the Applicant.
3. Mr. Sheth, learned Counsel for the Official Liquidator has submitted that there is no other immovable property of the company in liquidation in the possession of the Official Liquidator and therefore, the prayers sought for in the application cannot be granted.
4. In view of the above submissions, the application stands dismissed.
(ABHAY AHUJA, J.) Nikita Gadgil 2/2 NIKITA YOGESH GADGIL Digitally signed by NIKITA YOGESH GADGIL Date: 2024.07.12 20:05:59 +0530 ::: Uploaded on - 12/07/2024 ::: Downloaded on - 22/07/2024 02:13:48 :::