Allowed

Union Bank of India v. the O.L. of Akshay Plantations Ltd.

Bombay HC7 Aug 2008CA/394/2008

Case brief

AI extract

What is this about?

Petitioner applied to unseal premises wrongly assumed to belong to the liquidated company. Court accepted Official Liquidator's finding that property belongs to India Food Company and allowed application to unseal and hand over possession to Applicant.

What did the court decide?

Ordered to unseal Unit No. 207 belonging to Respondent No. 2 and hand over possession to the Applicant.

Union Bank of India Vs the O.L. of Akshay Plantations… — Company and Corporate | Bombay HC (2008)

¶1

:1:

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 COMPANY APPLICATION NO. 394 OF 2008
 IN
 COMPANY PETITION NO. 849 OF 2000

¶4

 In the matter of M/s. Akshay
 Plantations Ltd. (In Liqn.)

¶5

 Faruk Gannibhai Vora ..Petitioner
 And
 Union Bank of India ..Applicant
 vs.
 The Official Liquidator
 Liquidator of M/s. Akshay
 Plantation Ltd. (In Liqn.)
 & Anr. ..Respondents

¶6

 Mr. C. N. Mehta i/b. M/s. K. D. Shukla & Co.
 for the Applicant.

¶7

 Mr. S. Ramakantha, Dy. Official Liquidator
 present.

¶8

CORAM : S. A. BOBDE, J.

¶9

 DATE : 7TH AUGUST, 2008.

¶10

P.C.

¶11

 . Heard.

¶12

 2. Perused the Report of the Official

¶13

 Liquidator. The Official Liquidator has examined
 the documents submitted by the applicant and has
 come to the conclusion that the subject property
 i.e. Unit No. 207, 2nd floor, Damji Shamji Udyog

¶14

:2:

¶15

 Bhavan, Veera Desai Road, Andheri (W), Mumbai 400058
 is owned by India Food Company. It therefore
 appears that the premises have been sealed on the
 incorrect assumption that they belong to the company
 in liquidation. Hence Application is allowed in
 terms of prayer clause (a), which reads as follows:

¶16

"(a) that the Hon’ble Court be pleased to
order and direct the Respondent No.1 to
unseal the office premises bearing Unit No.
207, belonging to the Respondent No.2 and
duly mortgaged with the Applicant situate at
2nd floor, Damji Shamji Udyog Bhavan, Veera
Desai Road, Andheri (W), Mumbai 400058 and
hand over the possession of the said Unit
No. 207 to the Applicant;"

¶17

 Company Application disposed of accordingly.

¶18

(S. A. BOBDE, J.)

Union Bank of India v. the O.L. of Akshay Plantations Ltd.

Case brief

What is this about?

What did the court decide?

Union Bank of India v. the O.L. of Akshay Plantations Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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