Disposed

Dilip Mazumdar v. Gol Offshore Limited (in Liquidation)

Bombay HC16 Nov 2022IA/1724/2019

Case brief

AI extract

What is this about?

In an interim application arising out of a company insolvency proceeding, the Bombay High Court set aside an order of notice regarding admission of proof. The court directed the official liquidator to readjudicate the applicant's claim after considering original and additional documents.

What did the court decide?

Set aside the order of notice of admission of proof dated 29 November 2019; permit filing of additional documents within one week; direct readjudication within four weeks.

Dilip Mazumdar Vs Gol Offshore Limited (in… — Insolvency and Bankruptcy | Bombay HC (2022)

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SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.11.1816:06:43 +0530

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19 ia 1724 of 2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1724 OF 2019

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IN

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COMPANY PETITION NO.756 OF 2014

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`Dilip Mazumdar` `and`	`…`	`Applicant`
`Export-Import Bank of India`	`…`	`Petitioner`
`versus`
`Gol Offshore Limited`	`…`	`Respondent`

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Mr. Kunal Gaikwad for Applicant.

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Dr. Sneha Goyal, for Official Liquidator.

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Ms. Kajal Malkan i/by Akshar Law in CA 416 of 2018 in CP 756 of 2014.

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CORAM: N.J.JAMADAR, J.

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DATE: 16th NOVEMBER, 2022

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P.C.:

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1. Heard the learned Counsel for the Applicant.

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2.This Application is taken out to set aside the order of notice of
admission of proof dated 29th November, 2019 and to readjudicate the claim of the

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Applicant.

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3.The learned Counsel for the Applicant submits that the claim of the
Applicant has been adjudicated without taking into account the documents which were
tendered in support of the claim and by laying over emphasis on the statement of
affairs filed by the ex-directors.

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4. The learned Counsel for the Official Liquidator, on instructions, submits

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SSP 1/2

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19 ia 1724 of 2019.doc

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that the Official Liquidator will readjudicate the claim of the Applicant.

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5.Without delving into the issue of the correctness of the adjudication, it
would be expedient to set aside the order of notice of admission of proof dated 29th
November, 2019 and direct the Official Liquidator to readjudicate the claim of the
Applicant. To rule out the possibility of prejudice, the Applicant can be permitted to
file additional documents, if any, in support of the claim within a period of one week
from today.

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6.The Official Liquidator shall readjudicate the claim of the Applicant in
accordance with law, taking into account the original affidavit of proof of claim and
additional affidavit/documents which may be filed by the Applicant, within a period of
four weeks thereafter.

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7. The Application stands disposed.

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( N.J.JAMADAR, J. )

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SSP 2/2

Dilip Mazumdar v. Gol Offshore Limited (in Liquidation)

Case brief

What is this about?

What did the court decide?

Dilip Mazumdar v. Gol Offshore Limited (in Liquidation)

Case brief

What is this about?

What did the court decide?

What the court decided

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