The court allowed a company application filed by a purchaser of a flat seeking direction on the Official Liquidator to pay society dues. The amount was adjusted excluding interest.
Direction to Official Liquidator to pay Rs. 7,28,924/- (excluding interest).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
903-CA-112-14.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 112 OF 2014
IN
COMPANY PETITION NO. 743 OF 2014
Jyoti Arjan Vaswani.…Applicant
In the matter between
United Matachem Pvt. Limited....Petiitonier
Versus
The Official Liquidator Mafatlal Engg. Inds. Ltd. …Respondents
(In Liqn.)
Mr. C. N. Mehta i/b M/s. MMK Legal, for the Applicants.
Ms. Yogini Chauhan,Assistant Official Liquidator, present.
CORAM: G.S. PATEL, J DATED: 8th APRIL 2014
PC:-
1.The applicant is the purchaser of Flat No. 31-B, Anita Co-
operative Housing Society Limited, Mount Pleasant Road, Malabar
Hill, Mumbai 400 006 along with a garage. The present application
seeks a direction to the Official Liquidator to make a payment of
Rs.7,38,924/- as society’s dues pursuant to the notice of admission
of proof dated 2nd July 2013. This amount claimed is the society’s
dues that the plaintiff has already paid to the society. The notice of
1 of 2
903-CA-112-14.DOC
admission of proof is Exhibit “I” to the affidavit in support of the
present application. There is no dispute about this position.
2.For these reasons, the company application is made absolute
in terms of prayer clause (a), only in the sum of Rs.7,28,924/- and
excluding interest.
3.The Official Liquidator is directed to make payment and to
act on an authenticated copy of this order.
(G. S. PATEL, J.)
2 of 2
2 issues framed by the court
Whether the applicant is entitled to receive society dues paid by them from the liquidator.
Whether interest should be granted on the amount directed to be paid.
Jyoti Arjan Vaswani
United Matachem Pvt. Limited
The Official Liquidator Mafatlal Engg. Inds. Ltd.
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court