This interim application sought to set aside a notice of admission of proof and direct the Official Liquidator to readjudicate the applicant's claim. The court agreed, permitting additional documents.
Set aside the order of notice of admission of proof dated 26th November, 2019 and direct the Official Liquidator to readjudicate the claim.
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.
SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.11.1816:12:30 +0530
19 ia 884 of 2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.884 OF 2020 IN
COMPANY PETITION NO.756 OF 2014
Manoj Lal Moitraand |
… |
Applicant |
|---|---|---|
Export-Import Bank of India |
… |
Petitioner |
versus |
||
Gol Offshore Limited |
… |
Respondent |
Mr. Kunal Gaikwad for Applicant.
Dr. Sneha Goyal, for Official Liquidator.
Ms. Kajal Malkan i/by Akshar Law in CA 416 of 2018 in CP 756 of 2014.
CORAM: N.J.JAMADAR, J.
DATE: 16th NOVEMBER, 2022
P.C.:
1. Heard the learned Counsel for the Applicant.
2.This Application is taken out to set aside the order of notice of
admission of proof dated 26th November, 2019 and to readjudicate the claim of the
Applicant.
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.
4. The learned Counsel for the Official Liquidator, on instructions, submits
SSP 1/2
19 ia 884 of 2020.doc
that the Official Liquidator will readjudicate the claim of the Applicant.
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 26th
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.
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.
7. The Application stands disposed.
( N.J.JAMADAR, J. )
SSP 2/2
2 issues framed by the court
Whether the order of notice of admission of proof dated 26th November, 2019 should be set aside and the claim of the applicant readjudicated.
Whether the applicant should be permitted to file additional documents in support of the claim before readjudication.
1 provisions across 1 enactments
Manoj Lal Moitra
Export-Import Bank of India
Gol Offshore Limited
N.J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court