Bombay High Court
Raksha Kiit Gosher vs Official Liquidator Of Woodland Garde ... on 11 June, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
49. IAL 15085-21 in CNPCP 3-19 @ IAL 1615-23 in CP 352-96.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 15085 OF 2021
IN
CONTEMPT PETITION NO. 3 OF 2019
Raksha Kiit Gosher ...Applicant
V/s.
Official Liquidator of Woodland
Garde Cafe and Ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 1615 OF 2023
IN
CONTEMPT PETITION NO. 352 OF 1996
WITH
INTERIM APPLICATION (L) NO. 4540 OF 2021
IN
COMPANY APPLICATION NO. 453 OF 2017
WITH
CONTEMPT PETITION NO. 3 OF 2019
IN
COMPANY APPLICATION NO. 453 OF 2017
WITH
OFFICIAL LIQUIDATOR REPORT NO. 21 OF 2016
WITH
REVIEW PETITION (L) NO. 7 OF 2019
IN
COMPANY APPLICATION NO. 453 OF 2017
WITH
INTERIM APPLICATION (L) NO. 3710 OF 2022
IN
COMPANY APPLICATION NO. 453 OF 2017
Mr. Pritesh Burad (through VC) with Mr. Shreyas Moharir, Ms. Disha
Patil i/b Pritesh Burad Associate, Advocate for Applicant in CNPCP
3/19 and for Respondent No. 10 in IAL 15085/21.
Mr. Malcolm Siganporia with Mr. Dharmesh Pandya i/b Ashwin Pandya
& Associates for Applicant in Intervenor in IAL 1615/23.
Mr. Rashid Khan i/b Mr. Vivek Phadke for Applicant/Petitioner.
Mr. Naushad Engineer with Mr. Sharad Bansal for Official Liquidator
with Mr. Chetan Shelke, Assistant Official Liquidator.
Mr. Satyadev Joshi with Mr. Sushant Mishra for Intervenor (FINK)
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49. IAL 15085-21 in CNPCP 3-19 @ IAL 1615-23 in CP 352-96.doc
CORAM : ABHAY AHUJA, J.
DATE : 11th JUNE, 2024 P.C. :
1. Pursuant to earlier orders of this Court ending with order dated 11th March, 2024, when the matter is called out today, Mr. Engineer, learned Counsel appearing for the Official Liquidator seeks to tender across the bar Minutes of the spot inspection sought to be conducted by the representative of the Official Liquidator, High Court, Bombay. The said Minutes indicate that when the said representative reached the premises being basement, ground floor, first floor and adjoining terrace, Nalanda Shopping Centre, Vaikunthlal Mehta Road, JVPD Scheme, Vile Parle (W), Mumbai-400 049 (the "said premises") on 7 th May, 2024, they met the security person on the main gate of the said premises, and informed him the purpose of their visit. Thereafter, the security person contacted someone inside the said premises but informed that without Court order he would not allow the representative of the Official Liquidator to enter in the said premises. The representative of the Official Liquidator has taken photographs of the outside/ Main gate of the said premises, which suggests that there is an entity by name of EWF (Earth Water and Fire), which is a club and bar operating from the said premises.
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49. IAL 15085-21 in CNPCP 3-19 @ IAL 1615-23 in CP 352-96.doc
2. Mr. Joshi, learned Counsel appears for the entity by name of Fink and submits that pursuant to a conducting agreement of the year 2019 with Woodland Garden Cafe, they have set up with EWF club and bar at the said premises and that his clients have no objection in depositing the amount to be paid to the Woodland Garden Cafe with the office of the Official Liquidator, however, submitting that he has instructions to file an appropriate application to be impleaded / to intervene to the proceedings pending before this Court. Mr. Joshi, would submit that his clients also have no objection if the representative of the Official Liquidator were to inspect the said premises on a date and time fixed by this Court and undertakes on instructions that his clients would co- operate with the representative(s) of the Official Liquidator and furnish all the documents and details with respect to the said premises as requested for by the representative of the Official Liquidator.
3. Mr. Siganporia, learned Counsel appearing for the Applicant in Interim Application No. 1615 of 2023 viz. the beneficiaries of the trust viz. Parikh Goradia Investment Trust, would submit that in respect of the said premises, Finks and Woodland Garden Cafe on 15 th September, 2022 have entered into conducting agreement for a period of 5 years for a licensee of Rs. 35,00,000/- per month with an annual Nikita Gadgil 3/5 ::: Uploaded on - 12/06/2024 ::: Downloaded on - 12/06/2024 20:01:30 :::
49. IAL 15085-21 in CNPCP 3-19 @ IAL 1615-23 in CP 352-96.doc enhancement of 4%, in addition to a joint venture agreement dated 25 th November, 2022, for a period of 5 years between the Finks and M/s Vultures Hospitality, sole proprietory concern of one Mr. Avinash Rai for a return of 18% of the net sales.
4. Mr. Burad, learned Counsel appearing on behalf of Respondent No. 10 denies all of this submitting that there is a suit filed by Finks before the Dindoshi Court, where all this has been denied.
5. Be that as it may, after considering the aforesaid submissions, this Court is of the view that since the Official Liquidator, High Court, Bombay has been appointed as Liquidator of Woodland Garden Cafe by an order dated 9th January, 2008, a duly authorised representative of the Official Liquidator inspect the said premises and submit the report to this Court by the next date.
6. Let the inspection commence on 15th June, 2024 at 11.00 a.m. All parties to cooperate in the inspection directed by this Court and not to obstruct the same in any manner whatsoever.
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49. IAL 15085-21 in CNPCP 3-19 @ IAL 1615-23 in CP 352-96.doc
7. List on 28th June, 2024. Mr. Joshi, learned Counsel for Fink is also requested to remain present at the time of inspection of the said premises.
8. Till the next date, parties are directed not to in any manner whatsoever deal with or dispose of the said property nor create any third party rights including by way of lease, license or conducting agreement or by way of creating any other encumbrance.
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