Court permitted petitioner's advocate to withdraw deposited funds to remit them to petitioner and directed pending payments be made directly to petitioner.
Registry permitted Advocate to withdraw deposited amount; Respondent to remit pending dues directly to Petitioner by October 15, 2013.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO. 465 OF 2013 IN
COMPANY PETITION NO. 409 OF 2010
IJS Global Inc. … Applicant.
In the matter of IJS Global Inc. … Petitioner. V/s. Official Liquidator, liquidator of Aqua … Respondent. Logistics Limited (formerly known as Aqua Logistics Private Limited)
Mr. Vikramaditya Deshmukh a/with Ms.Sneha Sheth i/by J. Sagar Associates for the Applicant/ Petitioner. Mr. Ajay Panicker i/by Ajay Law Associates for the Respondent. Ms. Rupa Sutar, AOL is present.
CORAM : N. M. JAMDAR, J. DATE : 10 OCTOBER, 2013
P.C. :
1 The matter is moved for clarification by the original petitioner. By order dated 20 June 2013, an order came to be passed upon the statement made by the learned counsel for the respondent, i.e. the applicant in company application no. 75 of 2013, that 50% of the amount with interest will be deposited. The installments were specified accordingly. The learned counsel for the applicant states that the amount of first installment has been deposited in the Registry of this court. However, the second and third installments due on 15 August and 15 September have not been deposited. The learned counsel for the applicant states that the petitioner being out of India is unable to withdraw the amount deposited in this court
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since it does not have a bank account in India. The learned counsel seeks permission to allow the Advocate on record of the petitioner to withdraw the amount and send it to the petitioner's bank account. The learned counsel for the the respondent has no objection.
2 In the light of the above, the Registry will permit the Advocate of the original petitioner to withdraw the amount on the condition that he will transfer the same to the petitioner. The Advocate will file a praecipe along with the proof of the amount transferred to the petitioner, immediately upon its remittance.
3 As far as the amounts due on 15 August and 15 September are concerned, it is pointed out that the respondent company has defaulted twice in payment of the amounts. The schedule of the payment directed in the order dated 20 June 2013 states that the amount should be cleared by 15 October 2013 as already ordered in the order dated 14 March, 2013. There is no application made by the respondent for extension of this date. The only application that is made by the petitioner is for seeking to remit the amount to the petitioner. In view of this position, the time schedule given in the order dated 14 March 2013 and 20 June 2013 cannot be changed. The respondent shall make these payments by directly remitting the amounts to the petitioner.
4 The application is disposed of in the above terms.
(N.M.JAMDAR,J.)
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IJS Global Inc.
Official Liquidator, liquidator of Aqua Logistics Limited
N. M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
