Bombay High Court
Dev Prasad Lohia vs The Official Liquidator Of Kusum Ingots ... on 10 April, 2019
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
ssp 955 ca 106 OF 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO.106 OF 2019
IN
COMPANY PETITION NO.1156 OF 2015
Dev Prasad Lohia ... Applicant
and
Sea Entertainment Pvt. Ltd. ... Petitioner
versus
The Official Liquidator of M/s. Kusum
Ingots and Alloys Ltd. ... Respondent
Ms. Dipti Shah, for Applicant.
None for Petitioner.
Mr. Mahendhar Aithe, Company Prosecutor, present.
CORAM: S.J. KATHAWALLA, J.
DATE: 10th APRIL, 2019 P.C.:
1. On 7th March, 2019 this Court passed the following order :
"1. Before proceeding with the above Company Application seeking recall of the order dated 9th February, 2018 directing winding up of the Company - Kusum Ingots and Alloys Ltd., the Official Liquidator is directed to issue advertisements in two local papers in Free Press Journal (English) and Navshakti (Marathi) - Mumbai Editions stating therein that the Applicant by the above Company Application seeks recall of the order dated 9 th February, 2018, and invite claims from the workers/creditors of the Company in liquidation if any. Stand over to 28th March, 2019. The cost of the advertisements shall be borne by the Applicant."1/2 ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:36:05 :::
ssp 955 ca 106 OF 2019.doc
2. Pursuant thereto, the Official Liquidator has issued advertisements inviting claims from the workers/creditors of the Company in liquidation. However, the Company Prosecutor states that the Official Liquidator has not received any claims from any workers/creditors of the Company. In view thereof, for reasons set out in the Affidavit in support of the Company Application including the fact that the claim of the Petitioner is settled and the Official Liquidator has not received any other claim/s, the order dated 28th June, 2017 admitting the Company Petition as well as the Order dated 9th February, 2018 directing winding up of the Company are set aside. The Company Petition is accordingly disposed of. The cost of the Official Liquidator quantified at Rs.50,000/- shall be paid by the Applicant to the Official Liquidator within a period of one week from today. The Company Application also stands disposed of.
( S.J.KATHAWALLA, J. ) 2/2 ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:36:05 :::