Allowed

Official Liquidator of Farrel Anand Machinery Manufactures Pvt.Ltd. (in Liquidation) v. Jayantilal a.Shah. (Petitioner)

Bombay HC20 Jun 2024OLR/58/2024

Case brief

AI extract

What is this about?

The court allowed an Official Liquidator's Report seeking ratification for appointing advocates in a civil suit and authorization for payment of their professional charges from the company's office expenses account upon availability of funds.

What did the court decide?

Ratification of appointing advocates and permission to pay their fees from common pool fund subject to fund availability.

Official Liquidator of Farrel Anand Machinery… — Company and Corporate | Bombay HC (2024)

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58-OLR-58-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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OFFICIAL LIQUIDATOR’S REPORT NO. 58 OF 2024 IN

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COMPANY PETITION NO. 924 OF 2003

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IN THE MATTER OF THE COMPANIES ACT, I OF 1956

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AND

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IN THE MATTER OF FARREL ANAND MACHINERY MANUFACTURES PVT. LIMITED (IN LIQUIDATION)

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MR. JAYANTILAL A. SHAH )...PETITIONER

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Mr.Ranjeev Carvalho, Advocate for the Official Liquidator. Mr.Chandan Kumar, Official Liquidator, present in Court. Mr.Chetan Shelke, Assistant Official Liquidator, present in Court.

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CORAM : ABHAY AHUJA, J. DATE : 20^th JUNE 2024

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P.C. :

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This Official Liquidator’s Report seeks the following directions:

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ARTI VILAS KHATATE

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Digitally signed by ARTI VILAS KHATATE Date: 2024.06.21 10:38:34 +0530

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(a) In view of para (5) of this report, whether this Hon’ble Court may be pleased to ratify the action of the Official Liquidator in appointing Advocate Sumedh S. Modak and Advocate Satish S. Raut in respect of Regular Civil Suit No.50 of 2011 in the matter of Farrel Anand Machinery Manufacturers Private Limited (In Liquidation);

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58-OLR-58-2024.doc

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(b) If prayer clause (a) is in affirmative and in view of para (6) and

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(7) of this report, whether this Hon’ble Court may be pleased to permit the Official Liquidator to make the payment of Rs.45,000/- to Advocate Sumedh S. Modak and Rs.30,000/- to Advocate Satish S. Raut (as mentioned in tabular data of para 6 supra) towards professional charges in respect of Regular Civil Suit No.50 of 2011 filed in the Court of Hon’ble Civil Judge Senior Division, Kalyan subject to deduction of TDS as applicable, from common pool fund ‘office expenses account’ and to reimburse the same as and when funds would be available in the credit of the Company (In Liquidation).

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Having heard Mr.Carvalho, learned Counsel for the Official Liquidator and having considered his submissions made in terms of the said report, the Official Liquidator’s Report is allowed in terms of prayer clauses (a) and (b) as above and disposed as such.

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Let the payments to the Advocates be made within a period of two weeks.

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(ABHAY AHUJA, J.)

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Official Liquidator of Farrel Anand Machinery Manufactures Pvt.Ltd. (in Liquidation) v. Jayantilal a.Shah. (Petitioner)

Case brief

What is this about?

What did the court decide?

Official Liquidator of Farrel Anand Machinery Manufactures Pvt.Ltd. (in Liquidation) v. Jayantilal a.Shah. (Petitioner)

Case brief

What is this about?

What did the court decide?

What the court decided

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