Bombay High Court
Kalpataru Properties Pvt. Ltd vs The Collector And District Magistrate ... on 24 July, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/3 cal-287-19(903).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.287 OF 2019
IN
COMPANY PETITION NO.1066 OF 2015
Vikas Kasliwal ..Applicant
Vs.
The Collector & District Magistrate & Ors ..Respondents
WITH
OFFICIAL LIQUIDATOR REPORT NO.188 OF 2019
WITH
COMPANY APPLICATION (L) NO.288 OF 2019
IN
COMPANY PETITION NO.1066 OF 2015
Mr. Cyrus Ardeshir a/w Mr. Lalit Katariya, Ms. Benedicta Lobo and MS.
Nimisha Ghetla I/b Katariya and Associates for Applicant in
CAL/287/2019/Original Respondents;
Mr. F. E. DeVitre, Senior Advocate a/w Mr. Gautam Ankhad, Mr. C.
Rashmikant, Ms. Namrata Shah, Ms. Nidhi Malhotra and Mr. Pravin Dhave
I/b Rashmikant and Partners for Applicant in CAL/288/2019 and for
Noticee in OLR/188/2019.
Mr. Huzefa Khokhawala a/w Ms. Divya Shetty I/b Nankani Associates for
Original Petitioners;
Ms. Snehal Paranjape a/w Mr. Makarand Bakore I/b JMB Partners for
Applicant in CA/54/2019 and for Respondent Nos. 3 to 6 in CAL/287/2019
and CAL/288/2019;
Ms. Shoma Maitra a/w Ms. Praidhi Saraf I/b Wadia Ghandy and Co. for
Indiabulls Housing Finance Ltd. Noticee in OLR/188/2019;
Mr. Prathamesh Kamat a/w Mr. T. N. Tripathi and Ms. Kalyani Wagle I/b T.
N. Tripathi and Co. for Official Liquidator;
Mr. Mahendhar Aithe, Company Prosecutor present;
Ms. Jyoti Chavan, AGP for State of Maharashtra;
(Mr. Santosh H. Dete, Awwal Karkun, from ODR Branch, Collector Mumbai
present in court)
CORAM : K.R.SHRIRAM, J.
DATE : 24th JULY 2019 Meera Jadhav ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 22:26:27 ::: 2/3 cal-287-19(903).doc P.C.:
OFFICIAL LIQUIDATOR REPORT NO.188 OF 2019 1 This matter requires consideration since there are lot of internal disputes and if ad-interim relief as prayed for by official liquidator, who is appointed as provisional liquidator of assets of the company, is not granted, there is likelihood of the interest of other creditors also being prejudiced.
Therefore, ad-interim relief in terms of prayer clause (c) is granted. 2 It has to be noted that Ms Chavan appearing for State of Maharashtra states that auction, which was to be held tomorrow i.e. 25 th July 2019, is deferred. No fresh date will be fixed, unless this court permits. 3 Official liquidator's report accordingly stands disposed.
COMPANY APPLICATION (L) NO.288 OF 2019 4 Mr. DeVitre tenders draft amendment to add the prayer clauses in the company application (l) no.288 of 2019. The same is taken on record and marked as "X" for identification. Leave to amend granted. Amendment to be carried out forthwith.
5 The Collector shall file affidavit in reply and whoever else wishes to file reply, they may do so within two weeks from today. 6 Company application be listed for hearing after 28 th August 2019.
Meera Jadhav
::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 22:26:27 :::
3/3 cal-287-19(903).doc
GENERAL
7 Within three weeks all office objections to be removed and both
the company applications to be numbered, failing which, both company applications will stand dismissed without further reference to the court.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 22:26:27 :::