This court disposed of a company application regarding occupation of premises in liquidation pending proof of ownership over movables and deposit of licence fees. No substantive judgment was rendered.
Company application stood disposed; applicant directed to settle fees and prove movables title on-site.
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 AND ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.283 OF 2019
IN
COMPANY PETITION NO.722 OF 2015
Jitendra Anant Raut
Vs.
The Official Liquidator
(Classimech Equipments Pvt Ltd.) & Anr
..Applicant
..Respondents
Ms. Sharon Patole for Applicant;
(Mr. Jitendra A. Raut- Applicant present in court)
Mr. Vivek S. Sawant for Respondent No. 2;
(Mr. Milind Sadashiv Hardikar, Chief Manager of Respondent No. 2 present
in court);
Mr. Mahanedhar Aithe, Company Prosecutor present.
CORAM : K.R.SHRIRAM, J.
DATE : 21st AUGUST 2019
P.C.:
1Ms Patole for applicant on instructions from applicant, who is
present in court, states that until January 2018, licence fees has been paid to
the company in liquidation but applicant continued to occupy the premises,
i.e., Building no.3, ground plus 1st floor, Shah Industrial Plaza, Morya Naka,
Sativali, Vasai (East) (the said premises), till July 2018. Ms Patole states
that (a) by 23-8-2019, licence fees at the rate of Rs.45,000/- per month will
be paid to the liquidator for the period February 2018 to July 2018, together
with interest @7% p.a., on every month rent; (b) On or before 31-8-2019,
applicant will remove all the movables belonging to applicant from the said
premises.
Meera Jadhav
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2Mr. Sawant states that all the movables in the said premises are
hypothecated to State Bank of India. Ms Patole states some movables are
hypothecated and not all. Therefore, on 27-8-2019, at 11.00 a.m., applicant
shall be present at the said premises with all documents to prove his title to
the movables and State Bank of India shall also remain present at the said
premises with all documents to show that all those movables in the said
premises are hypothecated to them. Movables which are found not to be
hypothecated to State Bank of India and provided applicant is able to prove
that it belongs to him, may be permitted by liquidator to be removed from
the said premises. Such movables shall be removed on or before 30-8-2019,
failing which, liquidator shall take possession of those movables.
3Payment of licence fees as mentioned above, is a condition
precedent to applicant being allowed to enter the said premises on 27-8-
2019, or to removal of his movables as noted above.
4Mr. Sawant states that the representative of State Bank of India
is present in court and they shall not take an excuse that order was not
uploaded and they did not get the copy of the order. So also applicant.
5 Company application accordingly stands disposed.Meera Jadhav
Jitendra Anant Raut
The Official Liquidator
K.R. Shriram
As recorded by the court registry
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