Disposed

Official Liquidator of Deepak Machineries P.Ltd.(in Liquidation) v. Ispat Industries Ltd.

Bombay HC5 Sept 2024OLR/71/2024

Case brief

AI extract

What is this about?

The Official Liquidator sought permission to publish a dissolution notice after postal attempts to serve directors returned undelivered. The Court allowed the report and permitted the publication of the notice inviting claims and objections for 14 days in prescribed newspapers, listing the matter for compliance.

What did the court decide?

Permission granted to publish dissolution notice under Section 481(1) of the Companies Act, 1956 in 'Free Press Journal' and 'Navshakti' to invite claims and objections.

Official Liquidator of Deepak Machineries P.Ltd.(in… — Company and Corporate | Bombay HC (2024)

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50-OLR-71-2024.doc

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Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2024.12.12 18:55:29 +0530

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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. 71 OF 2024

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COMPANY PETITION NO. 1217 OF 2000

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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 Deepak Machineries Pvt. Ltd. (In Prov. Liqn.)

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M/s. Ispat Industries Ltd. … Petitioner

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Mr. Ranjeev Carvalho, Advocate for the Official Liquidator. Mr. Chandan Kumar, Official Liquidator with Mr. Anil Bhagure, Assistant Official Liquidator, present.

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CORAM : ABHAY AHUJA, J. DATE : 12 DECEMBER 2024

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P.C. :

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Pursuant to the order 5^th September 2024, today when the matter is called out, Mr. Carvalho, learned Counsel, appears for the Official Liquidator and submits that although the Petitioning Creditor and the Secured Creditor have been served, however, as far as the exdirectors are concerned, packets have been returned by the Postal Department with a remark “item returned - addressee left without instructions”.

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Kanchan Dhuri 1/3

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50-OLR-71-2024.doc

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Mr. Carvalho submits that the addresses of the three directors

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are the same as available on the website of the Ministry of Corporate Affairs and that therefore, this Court consider the Official Liquidator’s Report and grant prayer clause (a), in as much as by order of this Court, the affairs of the Company have been completely wound up and no claims have been received from the workmen or from the secured creditors.

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Accordingly, having heard the learned Counsel and having considered the submissions made by Mr. Carvalho, this Court is of the view that notice inviting comments, claims and objections from the creditors/workers/stakeholders/contributories etc. of the Company in liquidation be allowed to be published in accordance with Section 481(1) of the Companies Act, 1956 proforma notice whereof is at page 70.

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The Official Liquidator’s Report is allowed in terms of prayer clause (a), which reads thus :

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“(a) In view of submission made in para (18) supra of this report, whether this Hon’ble Court may be pleased to permit the Official Liquidator to invite the comments, claims, objections from the creditors, workers, stakeholders, shareholders of the said Companies (In Liquidation) by giving 14 days’ notice

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Kanchan Dhuri 2/3

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50-OLR-71-2024.doc

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against dissolution of the companies under Section 481(1) of the Companies Act, 1956 by publishing a Dissolution Notice as per Exhibit- “O” in “Free Press Journal” and “Navshakti” circulated in Mumbai, Maharashtra.”

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List this matter on board for compliance of the aforesaid prayer and for consideration of the other prayers, on 31^st January 2025 .

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Let an appropriate Affidavit of publication also be filed by the next date.

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Registry to accept the Affidavit of service.

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(ABHAY AHUJA, J.)

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Kanchan Dhuri 3/3

Official Liquidator of Deepak Machineries P.Ltd.(in Liquidation) v. Ispat Industries Ltd.

Case brief

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Official Liquidator of Deepak Machineries P.Ltd.(in Liquidation) v. Ispat Industries Ltd.

Case brief

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