This court allowed a company application by consent of parties to recall a winding-up order and discharge the official liquidator.
Recall of winding-up order dated 14th December 2017; discharge of the Official Liquidator.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 380 OF 2018 IN
COMPANY PETITION NO. 936 OF 2014
Mr.Anjan Doshi, the Ex-Director of IBEX Integrated Business Express Pvt. Ltd.
...Applicant
In the matter between :
M/s. Friends Paper Express ….Petitioner Vs. IBEX Integrated Business Express Pvt. Ltd. ….Respondent
Ms.Krithika Anand I/b M/s. Dhruve Liladhar and Co. for petitioner. Mr.Asadullah Shaikh I/b K K Associates for applicant/respondent. Mr.Prakash A. Dharia, Partner of petitioner present. Mr.Anjan Doshi, Director of respondent company present. Mr.Mahendhar Aithe, company prosecutor for official liquidator present.
CORAM : K.R.SHRIRAM, J. DATE : 4TH SEPTEMBER, 2018
P.C.:
1 The Ex-Director of the Respondent Company has preferred this
Company Application seeking recall of the Winding up Order dated 14th December 2017 passed by this Hon’ble Court.
2 On 13th August 2018, Counsel for the Applicant informed the court that a settlement has been arrived at with the Orig. Petitioner and if this court allows the present Company Application and recalls the Winding up Order dated 14th December 2017, then in that event, the Respondent Company will be able to enter into Consent Terms with the Orig.Petitioner.
Shraddha Talekar, PS
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The Advocate for the Orig. Petitioner confirmed the same, consented to allowing the aforesaid Company Application and recalling the Winding up Order dated 14th December 2017.
3 In compliance with the order dated 13th August 2018, the Orig. Petitioner has given public notices in the Free Press Journal (on 20th August 2018) and Navshakti (on 20th August 2018) for the proposed settlement and consequential withdrawal of the Company Petition and invited objections thereto, if any. No objections have been received pursuant to these public notices. Ms. Anand tenders an affidavit of one Ravindra Kadam affirmed on 3rd September 2018. The same is taken on record.
Shri Aithe, company prosecutor states that the official liquidator has not received any claim or objection from any party in response to the notice.
4 In view of the above, by the consent of parties, the company application is allowed. The Winding up Order dated 14th December 2017 is recalled. The Official Liquidator is discharged.
5 Company Application No. 380 of 2018 stands disposed of in these terms.
(K.R. SHRIRAM, J.)
Digitally signed by Shraddha Shraddha Kamlesh Kamlesh Talekar Talekar Date: 2018.09.06 12:27:57 +0530
Shraddha Talekar, PS
M/s. Friends Paper Express
IBEX Integrated Business Express Pvt. Ltd.
Mr. Anjan Doshi
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
