Disposed

E.U.Medicaments v. Mission Vivacare Limited

Bombay HC14 Mar 2016CA/220/2016

Case brief

AI extract

What is this about?

This court disposed of a company application seeking directed relief from the Official Liquidator to ascertain and issue a Form-H necessary for VAT exemption, following the respondent's liquidation and the sale of materials.

What did the court decide?

Direction to the Official Liquidator to ascertain and issue Form-H for the applicant, if not already ready, with assistance from a company ex-director.

E.U.Medicaments Vs Mission Vivacare Limited — Bombay HC (2016) — LawSathi Research

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5-CAL197-16.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 197 OF 2016

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IN

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COMPANY PETITION NO. 479 OF 2011

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L. & T. Finance…Applicant
In the matter between
E. U. medicaments…Petitioner
Versus
Mission Vivacare Limited…Respondent

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Mr. Chetan Yadav, for the Applicant.
Ms. Jasmine Upadhye, i/b M. V. Kini & Co., for Bank of India.
Mr. Sanjay Varma, Assistant Official Liquidator, High Court,
Bombay, present.

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CORAM: G.S. PATEL, J DATED: 14th March 2016

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PC:-

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1.The application is for a limited relief. The Applicant states
that it sold the materials more particularly described in paragraph 3
of the Affidavit in Support of the Application to the Respondent on
8th September 2011. The sale price was Rs. 5,40,000/-. Against
this sale, the Respondent was required to issue Form-H. This form
is necessary to be filed with the VAT Department to claim Central
Sales Tax exemption.

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5-CAL197-16.DOC

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2.The Applicant states that the Respondent itself did not
furnish this Form-H despite reminders. In the meantime, the
Respondent went into liquidation and the Official Liquidator was
appointed. The Official Liquidator has been unable to hand over
Form-H to the Applicant despite several requests so since the
premises of the Company are sealed. The Official Liquidator is
unable to state whether the necessary Form-H is filled up and
ready. The Applicant has, however, obtained information in the
form of a confirmation email from an Ex-Director of the
Respondent, a copy of which is annexed Exhibit “D” at page 9 to
the Affidavit in Support. This document only says that the ex-
Director is unable to assist the Applicant since the Official
Liquidator is appointed. It does not clearly say that the necessary
Form-H is readily at hand.

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3.The Official Liquidator is directed to check the papers and
records in the registered office of the Respondent Company and
ascertain whether the necessary Form-H in the name of the
Applicant is ready. If it is, the Official Liquidator will hand it over to
the Advocate for the Applicant and obtain a suitable receipt. If not,
the Official Liquidator’s representative is directed to draw up, sign
and issue the necessary Form-H with the Official Liquidator’s
signature and official stamp. The Ex-Director of the Company, Mr.
Akshay Mehta, who issued the communication at page 9 is directed
to assist the Official Liquidator in this exercise.

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4. The Company Application is disposed of in these terms.

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(G. S. PATEL, J.)

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E.U.Medicaments v. Mission Vivacare Limited

Case brief

What is this about?

What did the court decide?

E.U.Medicaments v. Mission Vivacare Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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