Disposed

Frigorifico Allana Pvt. Ltd. v. Nvento Foods Technologies Pvt. Ltd.

Bombay HC26 Sept 2018CA/452/2018

Case brief

AI extract

What is this about?

The High Court allowed an application noting the petitioner's lack of sincere efforts to verify an email and check court status. The court imposed costs and recalled the winding up and admission orders, restoring the petition.

What did the court decide?

Applicant to pay Rs. 25,000 costs to the Official Liquidator; winding up and admission orders recalled; petition restored and disposed.

Frigorifico Allana Pvt. Ltd. Vs Nvento Foods… — Insolvency and Bankruptcy | Bombay HC (2018)

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

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COMPANY APPLICATION NO. 452 OF 2018

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COMPANY PETITION NO. 25 OF 2016

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FRIGORIFICO ALLANA PVT. LTD. ...Applicant

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IN THE MATTER OF

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FRIGORIFICO ALLANA PVT. LTD. ...Petitioner

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Versus

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NVENTO FOODS TECHNOLOGIES PVT.LTD. ...Respondent

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Mr.Yuvraj Singh i/b. M/s. Desai and Diwanji for Applicant/ Petitioner. None for Respondent Company.

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Mr.Mahendhar Aithe, Company Prosecutor for Official Liquidator. ----

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CORAM : K.R.SHRIRAM, J. DATE : 26^th SEPTEMBER 2018

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P.C.:

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1 Heard counsel and also considered affidavit in support.

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Affidavit in support does not state what steps applicant

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took to check the veracity and genuineness of an e-mail dated 19^th

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September 2017. In view of the fact that order of admission has

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already been passed on 23^rd August 2017, I would allow the application. At the same time, the explanations seem to be not genuine. In the email dated 19^th September 2017, basic details of the

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petition pending in NCLT is also given. I have to also note that all orders passed by the Courts and other judicial authorities are available online and in my view, the petitioner had not taken sincere efforts to search the status. If only the applicant had done that, substantial judicial time spent at the time of admission, at the time of final hearing and on two dates before Official Liquidator and today also would have been saved. Therefore, applicant to pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) as costs to the office of Official Liquidator within two weeks from today. Only upon paying this amount, this order will come into effect. Petitioner will be at liberty to file necessary claim before Resolution Professional/ NCLT, who shall consider and dispose the same in accordance with law.

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The winding up order dated 23^rd January, 2018 and admission order dated 19^th April, 2018 stand recalled. Petition stands restored and disposed accordingly.

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(K.R. SHRIRAM, J.)

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Frigorifico Allana Pvt. Ltd. v. Nvento Foods Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Frigorifico Allana Pvt. Ltd. v. Nvento Foods Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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