Disposed

Jabes Dutta v. Gol Offshore Limited ( in Liqn)

Bombay HC16 Nov 2022IA/780/2020

Case brief

AI extract

What is this about?

The High Court, without examining the correctness of a prior adjudication on merit, set aside the notice of admission of proof dated 13th January 2020 and directed the Official Liquidator in Gol Offshore Limited to readjudicate the Applicant's claim within four weeks, permitting the Applicant to submit additional documents.

What did the court decide?

Application granted. Order of notice of admission of proof dated 13th January 2020 set aside.

Jabes Dutta Vs Gol Offshore Limited ( in Liqn) — Insolvency and Bankruptcy | Bombay HC (2022)

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SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.11.1816:07:56 +0530

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19 ia 780 of 2020.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.780 OF 2020

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IN

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COMPANY PETITION NO.756 OF 2014

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`Jabes Dutta` `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 13th January, 2020 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 780 of 2020.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 13th
January, 2020 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

Jabes Dutta v. Gol Offshore Limited ( in Liqn)

Case brief

What is this about?

What did the court decide?

Jabes Dutta v. Gol Offshore Limited ( in Liqn)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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