Ashok S/O Bajranglal Agrawal v. Official Liquidator, High Court of Bombay, Nagpur Bench, Nagpur and Others
Case brief
What is this about?
Bombay High Court, Nagpur Bench (Division Bench: Anil S. Kilor & Raj D. Wakode, JJ.), Company Appeal No.01 of 2024, decided 26-03-2026 (neutral citation 2026:BHC-NAG:5019-DB). Appeal under S.483 Companies Act 1956 against Single Judge order dated 12/01/2024 in Company Application (L) No.21/2018 in OLR No.15/2016 in Company Petition No.05/2001, adjusting Rs.54 lakh earnest deposit of respondent Nos.2 to 5 in the bid amount instead of forfeiture per letter dated 07/01/2019. Appeal dismissed: points not raised before the Single Judge cannot be urged first time in appeal, especially where the order was passed in the appellant's counsel's presence and the adjustment was made with reasons. Official Liquidator directed to consider appellant's application for withdrawal of 25% amount within two weeks.
What did the court decide?
No relief to the appellant; the Company Appeal stands dismissed. Ancillary direction: if the appellant applies for withdrawal of 25% amount, the Official Liquidator shall consider it in accordance with law and take a decision on the same within two weeks.