Allowed

M/S.C.H.Java and Co. v. the Official Liquidator of M/S.Blue Bird(I) Ltd., in Liqn.

Bombay HC25 Aug 2014CA/250/2013

Case brief

AI extract

What is this about?

The High Court allowed Company Application No. 250 of 2013, granting directions to the Official Liquidator to take possession of assets and set aside a disputed sale deed. An intervening application was withdrawn.

What did the court decide?

Directed the Official Liquidator to take complete charge and possession of all assets; set aside the sale deed dated 25-01-2012.

M/S.C.H.Java and Co. Vs the Official Liquidator of… — Company and Corporate | Bombay HC (2014)

¶1

CA 250 of 2013 (901)

¶2

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

¶3

COMPANY APPLICATION NO.250 OF 2013

¶4

¶5

COMPANY PETITION NO.192 OF 2011

¶6

M/s. C.H.Java and Co.

¶7

… Applicant

¶8

Versus

¶9

The Official Liquidator of M/s. Blue Bird

¶10

(I) Ltd. and Anr. … Respondents

¶11

Mr. Darshan Mehta i/by M/s. Dhruve Liladhar and Co., for Petitioner. Mr. Cyrus Ardeshir, for Official Liquidator.

¶12

Mr. Hemant Sethi i/by ALMT Legal, for Respondent No.2.

¶13

Mr. M.S.Doctor with Mr. Nimay Dave i/by M/s. Apte and Co., for Nitin Sontakke.

¶14

Mr. Sunil Mogre, for Mr. Pai. Mr. M. Bookwala, for Mr. Apoorv N. Sontakke.

¶15

Mr. Mayur Khandeparkar i/by M/s. Ashwin Hawehkar in CP No.49 of 2012.

¶16

Mr. S. Ramakantha, Official Liquidator, present.

¶17

CORAM: S.J. KATHAWALLA, J. DATE: 25th AUGUST, 2014

¶18

P.C.:

¶19

The learned Advocate appearing for Mr. Nitin Sontakke

¶20

states on instructions that Mr. Sontakke is submitting to the orders to

¶21

the Court qua prayers clauses (a) and (b) of the above Application.

¶22

It is clarified that Mr. Sontakke is submitting to the orders of the

¶23

Court qua the properties owned by the Company and which were

1/2

ssp

CA 250 of 2013 (901)

allegedly sold on behalf of the Company – M/s. Blue Bird (I) Ltd. by a Sale Deed dated 25-01-2012.

¶28

Mr. Hemant Sethi, learned Advocate appearing for Respondent No.2 has already withdrawn his Application seeking validation of the sale of the properties to his clients as recorded in the order dated 11-08-2014.

¶29

In view thereof, the Company Application is allowed in terms of prayer clauses (a) and (b), which is reproduced hereunder :

¶30

(a) this Hon'ble Court be pleased to direct the Official Liquidator, High Court, Bombay, to take complete charge and possession of all the assets of the Company ( in liqn.)

¶31

(b) this Hon'ble Court be pleased to set aside the purported sale deed dated 25^th January, 2012 entered between the erstwhile director of the Company (in liqn) and one Jaideep Dilip Mane.

¶32

In view of the above, the Official Liquidator is now directed

¶33

to take appropriate steps for sale of the properties of the Company viz. M/s. Blue Bird (I) Ltd.

¶34

( S.J.KATHAWALLA, J. )

¶35

2/2

¶36

ssp

M/S.C.H.Java and Co. v. the Official Liquidator of M/S.Blue Bird(I) Ltd., in Liqn.

Case brief

What is this about?

What did the court decide?

M/S.C.H.Java and Co. v. the Official Liquidator of M/S.Blue Bird(I) Ltd., in Liqn.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Red Hat Software Services (India) Private Limited Vs -

Red Hat India Private Limited Vs -

Duracell Investments and Finance Private Limited Vs -

Prime Securities Ltd. Vs Bennett, Coleman and Co.Ltd

Ravindra P Angara Vs Ind-Swift Laboratories Limited

Brenntag Ingredients(India) Pvt.Altd.( Formerly Known as Eac Industrial Ingredients(India) Pvt.Ltd. Vs M/S.Synoprene Polymers Pvt.Ltd., Cin NO.U24134MH2000PTC127254