Allowed

The Official Liquidator of Patheja Brothers Forging and Stamping Ltd. (in Liquidation) v. Devi Construction Co.Pvt. Ltd. (Petitioner)

Bombay HC20 Jul 2023OLR/155/2022

Case brief

AI extract

What is this about?

The High Court of Bombay amended Official Liquidator Report No.155 of 2022, allowing the filing of a revised certified list and a supplementary list after a chartered accountant identified and rectified calculation errors and factual inaccuracies in the adjudication of workmen claims.

What did the court decide?

Permission granted to the Official Liquidator to rectify errors, file a revised certified list and a second supplementary list for adjudication.

The Official Liquidator of Patheja Brothers Forging… — Insolvency and Bankruptcy | Bombay HC (2023)

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(3)OLR-155-2022.doc

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rajshree

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Digitally signed by RAJSHREE RAJSHREE KISHOR KISHOR MORE MORE Date: 2023.07.27 10:43:04 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR’S REPORT NO.155 OF 2022

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COMPANY PETITION NO.95 OF 1999

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In the matter of Companies Act, I of 1956; And

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In the matter of

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Patheja Brothers Forging and Stamping Ltd. (In Liquidation)

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Devi Constructions Company Pvt.Ltd. .. Petitioner

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Mr.Ranjan Carvalho, for the Official Liquidator. Mr.Chandan Kumar, Official Liquidator present.

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CORAM : BHARATI DANGRE, J

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DATE : 20^th July, 2023.

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P.C.

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1] In the wake of winding up order passed by this court on 16.06.2007 , the Official Liquidator exercise his powers under the Companies Act, 1956 and took possession of the factory premises of the Company in liquidation.

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A notice was thereafter issued to the Ex-Directors and secured creditors as regards taking possession of the Assets of the company in MIDC Satara.

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2] The Official Liquidator also invited the claims of

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(3)OLR-155-2022.doc

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workmen/creditors of the Company, so also Panel Chartered Accountant was appointed to scrutinize the claims against the Company for the purpose of adjudication. However, the Official Liquidator ws informed by the Panel Chartered Accountant that certain errors have occurred in the calculation while doing internal checking and errors were required to be rectified. Further error was also found in the sections in two claims.

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Apart from this, in respect of claim No.425, date of winding up was also incorrectly mentioned.

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These errors being inadvertently committed are, therefore, sought to be rectified.

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In the fitness of the accurate data on record, I deem it appropriate to permit the rectification to be carried out by the Chartered Accountant R.I. Jain & Co.

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3] Upon being rectification carried out, the OLR seek permission to re-adjudicate the Claim Nos.275, 276, 590, 319, 756 and 425 and file revised certified list in respect of the said claims and also seek permission to file second supplementary list in respect of Claim No.425 to the Prothonotary and Senior Master, High Court, Bombay.

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On account of the errors that have occurred, on certification that the errors have been rectified, the claims would be adjudicated and the Official Liquidator is directed to proceed thereafter.

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OLR stands disposed off in the aforesaid terms.

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[BHARATI DANGRE, J]

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The Official Liquidator of Patheja Brothers Forging and Stamping Ltd. (in Liquidation) v. Devi Construction Co.Pvt. Ltd. (Petitioner)

Case brief

What is this about?

What did the court decide?

The Official Liquidator of Patheja Brothers Forging and Stamping Ltd. (in Liquidation) v. Devi Construction Co.Pvt. Ltd. (Petitioner)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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