This brief order by the Gujarat High Court dismisses an appeal filed by an ex-director seeking to challenge a judgment in liquidation proceedings, holding that he lacks locus standi as the dispute is his own.
The OJ Appeal and associated Civil Application were dismissed.
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.
C/OJA/11/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/O.J.APPEAL No. 11 of 2018
In OFFICIAL LIQUDATOR REPORT No. 22 of 2013 With CIVIL APPLICATION (OJ) No. 1 of 2018
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SHRI RASIKLAL S MARIDA
Versus
ASSETS RECONSTRUCTION COMPANY (INDIA) LTD
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Appearance :
Mr NAVIN PAHWA for Mr SP MAJMUDAR, Advocates for the PETITIONER Mr HEMANG M SHAH(5399) for the RESPONDENT(s) No. 1 OFFICIAL LIQUIDATOR(16) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE Mr. JUSTICE AKIL KURESHI and HONOURABLE Mr. JUSTICE B.N. KARIA 27th June 2018
IA ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI)
This Appeal is filed by the ex-director of company under liquidation. He has challenged part of the judgment of learned Company Judge dated 27th February 2018 in so far as the same concerns disposal of Official Liquidator’s Report No 22 of 2013.
The litigation has a chequered, however, it is not necessary for us to go into the details thereof. Suffice it so say that having heard learned advocates for the parties and having
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C/OJA/11/2018 ORDER
perused the documents on record, what clearly emerges is that the appellant herein has no locus standi to challenge the said judgment of learned Company Judge. It is of course true that on his application, he was allowed to be joined as a party in the proceedings before the learned Company Judge. Nevertheless, OLR No. 22 of 2013 was between the Official Liquidator of the company and the Assets Reconstruction Company [India] Limited [“ ARCIL ” for short]. If the Official Liquidator has any dispute about the judgment of the learned Company Judge, it is for the Official Liquidator to take out appropriate proceedings for such purpose.
With this brief observation, OJ Appeal stands dismissed alongwith Civil Application.
[Akil Kureshi, J.]
[B.N Karia, J.]
Prakash
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1 issue framed by the court
Whether the ex-director of the company has locus standi to challenge the judgment of the Company Judge regarding the disposal of the Official Liquidator's Report.
RASIKLAL S MARIDA
ASSETS RECONSTRUCTION COMPANY (INDIA) LTD
OFFICIAL LIQUIDATOR
AKIL KURESHI
B.N. KARIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
