Bombay High Court
Jaikishan Narang Huf Through Its Karta ... vs The Official Liquidator Of Surendra ... on 28 April, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
12 ial 11373-22 ..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 11373 OF 2022
IN
COMPANY APPLICATION NO.332 OF 20019
IN
COMPANY PETITION NO. 369 OF 2015
WITH
OFFICIAL LIQUIDATOR'S REPORT NO. 77 OF 2022
IN
COMPANY PETITION NO. 369 OF 2015
Jaikishan Narang, HUF & Ors. ..Applicants
In the matter between:
M/s. Alliance Logistic .. Petitioner
Versus
Surendra Engineering Corporation Ltd. & Ors. .. Respondents
Ms. Pooja Patil a/w Mayank Bagla i/b. Bagla & Associates for the Applicants.
Adv. Parshva Shah i/b. Pradeep Kumar for the Petitioner in CP/369/2015.
Mr. Sarosh Bharucha a/w Jay Zaveri, Rhea Parkash i/b. Crawford Bayley & Co. for Respondent nos. 1 and 2 in IAL/11373/2022. Adv. Indira Labde a/w Harsh Pathat i/b. Anshu Agrawal for Sandeep Batavia.
Mr. Jehangir Jejeebhoy, for the O.L. Page 1 of 5 APRIL 28, 2023 Laxmi ::: Uploaded on - 02/05/2023 ::: Downloaded on - 02/05/2023 22:50:23 ::: 12 ial 11373-22 ..doc Mr. Sandip Batavia, occupant of Flat No.5 is present. Mr. Mufiz Siddizquie, sole proprietor of Alliance Logistics is present.
Mr. Surendra Ratilal Parikh, Occupant of Flat Nos. 1, 2 & 4 is present.
Mr. Parmeshwar Pandey is present.
Mr. Anil Bhagure, Assistant O.L. is present. Ms. Kejali Mastakar for MCGM.
CORAM: B. P. COLABAWALLA, J DATE: APRIL 28, 2023 P. C.
1. On 17th March, 2023, this Court had passed an order directing the Ex-Directors of the Company (In Liquidation), Mr. Surendra Parikh as well as Mr. Parmeshwar Pandey [who appears to be the power of attorney holder of Mr. Parikh] to remain present before this Court. Mr. Surendra Parikh as well as Mr. Parmeshwar Pandey are both present before the Court today.
2. Mr. Bharucha, the learned Advocate appearing for the Ex- Director (Mr. Parikh), has stated on instructions, that Flat Nos. 1, 2 and 4 in building Jaitirath Mansion, 6-A, Barrack Road, Behind Metro Adlabs, Mumbai 400020 [of which the Company (In Liquidation) Page 2 of 5 APRIL 28, 2023 Laxmi ::: Uploaded on - 02/05/2023 ::: Downloaded on - 02/05/2023 22:50:23 ::: 12 ial 11373-22 ..doc claims to be a tenant] shall be handed over to the Official Liquidator on or before 19th May, 2023. The said statement is accepted as an undertaking given to the Court. Mr. Surendra Parikh, the Ex-Director is allowed to remove his belongings from Flat Nos. 1, 2 and 4 before handing over possession to the Official Liquidator. 3 If for any reason, physical possession of the said flat Nos. 1, 2 and 4 is not handed over to the Liquidator, as per the statement recorded above, then, the Official Liquidator shall have the power to break-open the locks of the said flats and vacate whoever is found therein. The Senior Police Inspector of the local police station shall give all necessary assistance (including providing adequate number of police personnel) to the Official Liquidator to ensure compliance of this order, failing which the Senior Police Inspector shall be liable for contempt. If any articles are found therein, the same shall be handed over by the Official Liquidator to the Ex-Director, Mr. Surendra Parikh.
4. As far as Flat No. 5 is concerned, the same is in possession of Mr. Sandip Batavia who is personally present in Court today and is also represented by an Advocate.
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5. The learned Advocate Indira Labde, on instructions of Mr. Sandip Batavia, has stated that Mr. Batavia shall hand over physical possession of Flat No. 5 to the Official Liquidator on or before 19 th May, 2023. The statement is accepted as an undertaking given to the Court. Mr. Batavia is allowed to remove his belongings from Flat No. 5 before handing over possession to the Official Liquidator.
6. If for any reason, physical possession of the flat No. 5 is not handed over to the Liquidator, as per the statement recorded above, then, the Official Liquidator shall have the power to break-open the locks of the said flat and vacate whoever is found therein. The Senior Police Inspector of the local police station shall give all necessary assistance (including providing adequate number of police personnel) to the Official Liquidator to ensure compliance of this order, failing which the Senior Police Inspector shall be liable for contempt. If any articles are found therein, the same shall be handed over by the Official Liquidator to the said Mr. Sandip Batavia
7. This order is passed without prejudice to the rights and contentions of the Applicant in Interim Application (L) No. 11373 of Page 4 of 5 APRIL 28, 2023 Laxmi ::: Uploaded on - 02/05/2023 ::: Downloaded on - 02/05/2023 22:50:23 ::: 12 ial 11373-22 ..doc 2022 and more particularly the proceedings initiated by the said Applicant in the Small Causes Court at Mumbai.
8. Mr. Bharucha has also brought to the attention of this Court that the Ex-Director of the Company (In Liquidation) has filed Interim Application (L) No. 11015 of 2023 under Section 466 of the Companies Act, 1956 seeking a permanent stay of the winding up order. He submitted that on the next date the said Interim Application also be listed on board.
9. In these circumstances, place Interim Application (L) No. 11373 of 2022; OLR NO. 77 of 2022; Company Application No. 129 of 2019 and Interim Application (L) No. 11015 of 2023 on board on 28 th June, 2023.
10. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[ B. P. COLABAWALLA, J ].
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