Disposed

Thalathra Narendra Nathan - Applicant v. Gol Offshoreltd. (Under Liquidation)

Bombay HC16 Nov 2022IA/872/2020

Case brief

AI extract

What is this about?

In an interim application under Company Petition No. 756 of 2014, the Bombay High Court set aside an order of notice of admission of proof dated 13th January 2020 and directed the Official Liquidator to readjudicate the applicant's claim allowing additional documents within one week.

What did the court decide?

Set aside order of notice of admission of proof dated 13th January 2020; directed Official Liquidator to readjudicate claim within four weeks.

Thalathra Narendra Nathan - Applicant Vs Gol… — Insolvency and Bankruptcy | Bombay HC (2022)

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SWAROOP Digitally signed bySWAROOP SHARADPHADKE SHARAD PHADKEDate: 2022.11.1816:08:55 +0530

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19 ia 872 of 2020.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.872 OF 2020

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IN

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COMPANY PETITION NO.756 OF 2014

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`Thalathra Narendra Nathan` `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 872 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

Thalathra Narendra Nathan - Applicant v. Gol Offshoreltd. (Under Liquidation)

Case brief

What is this about?

What did the court decide?

Thalathra Narendra Nathan - Applicant v. Gol Offshoreltd. (Under Liquidation)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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