Disposed

Gautambhai Shantilal Shah v. Official Liquidator of Piramal Financial Services Limited

Gujarat HC8 Jul 2021OJA/114/2009

Case brief

AI extract

What is this about?

The High Court disposed of five O.J. Appeals and one Civil Application. It held that the appeals were rendered infructuous due to a settlement in the main proceeding where the debtor paid the official liquidator, and the civil application ceased to have effect.

What did the court decide?

The present O.J. Appeals are disposed of as withdrawn and rendered infructuous. Civil Application No.1 of 2020 stands disposed of.

Gautambhai Shantilal Shah Vs Official Liquidator of… — Company and Corporate | Gujarat HC (2021)

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C/OJA/15/2010 ORDER DATED: 08/07/2021

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Y & H PATEL FINANCE PVT LTD Versus OFFICIAL LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LIMITED & 15 other(s)

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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1. R/O.J.APPEAL NO. 15 of 2010

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R/COMPANY APPLICATION NO. 294 of 2008

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With

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2. R/O.J.APPEAL NO. 114 of 2009

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In COMPANY APPLICATION NO. 294 of 2008

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With

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3. R/O.J.APPEAL NO. 4 of 2010

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In COMPANY APPLICATION NO. 294 of 2008

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With

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4. R/O.J.APPEAL NO. 8 of 2010

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In COMPANY APPLICATION NO. 294 of 2008

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With

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5. R/O.J.APPEAL NO. 9 of 2010

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In COMPANY APPLICATION NO. 294 of 2008

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With

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6. R/CIVIL APPLICATION NO.1 of 2020

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==========================================================

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Y & H PATEL FINANCE PVT LTD

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Versus

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OFFICIAL LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LIMITED & 15 other(s)

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========================================================== Appearance:

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VIJAY H PATEL(7361) for the Appellant(s) No. 1 MR PATHIK M ACHARYA(3520) for the Opponent(s) No. 1

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MR PAVAN S GODIAWALA(2936) for the Opponent(s) No. 3,5,6,7,8,9 RULE SERVED(64) for the Opponent(s) No. 11,12,13,14,15,16

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==========================================================

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Page 1 of 4

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C/OJA/15/2010 ORDER DATED: 08/07/2021

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Y & H PATEL FINANCE PVT LTD Versus OFFICIAL LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LIMITED & 15 other(s)

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CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI and HONOURABLE MR. JUSTICE B.N. KARIA

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Date : 08/07/2021

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COMMON ORAL ORDER

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(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

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The aforesaid Appeals have been filed pursuant to the order of the learned Single Judge dated 04.11.2009 passed in Company Application No. 294 of 2008 in Company Petition No. 147 of 2007 preferred by the Liquidator of Piramal

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Financial Services Limited Vs. Dodsal Corporation Private

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Limited and others by some of the Creditors of Mr.Anil Munshi .

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O.J. Appeal No. 50 of 2010 arising out of the said order filed by the Official Liquidator of Piramal Financial Services Limited Vs. Dodsal Corporation Private Limited and Anil Manohar Munshi, Proprietor of M/s. Shivani Enterprises has been disposed of by this Court by an order passed today in terms of the settlement between the parties viz. Liquidator of Piramal Financial Services Limited and Anil Manohar

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Munshi , Proprietor of M/s. Shivani Enterprises , whereunder

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Page 2 of 4

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C/OJA/15/2010 ORDER DATED: 08/07/2021

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Y & H PATEL FINANCE PVT LTD Versus OFFICIAL LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LIMITED & 15 other(s)

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the said respondent - Anil Manohar Munshi has paid Rs. 35,00,000/- to the Official Liquidator in total discharge of any of his liability towards the said Company Liquidation - Piramal Financial Services Limited . Therefore, that O.J. Appeal No.50 of 2010 has been disposed of in terms of the said settlement.

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The present O.J. Appeals have been filed by the other Creditors of Anil Manohar Munshi , Proprietor of M/s. Shivani Enterprises in view of the intended sale of assets of Anil Manohar Munshi . These Creditors can make their respective claims at the appropriate Forums against him. The same cannot be adjudicated by this Court in these proceedings.

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Therefore, leaving them free to avail their legal remedies in accordance with the law, the present O.J. Appeals filed by the appellants are disposed of as withdrawn and as rendered infructuous in view of the main case, namely O.J. Appeal No.50 of 2010 disposed of in terms of Consent Terms between Official Liquidator, Piramal Financial Services Limited Vs. Dodsal Corporation Private Limited and Anil Manohar

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Page 3 of 4

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C/OJA/15/2010 ORDER DATED: 08/07/2021

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Y & H PATEL FINANCE PVT LTD Versus OFFICIAL LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LIMITED & 15 other(s)

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Munshi, Proprietor of M/s. Shivani Enterprises.

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(DR. VINEET KOTHARI,J)

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(B.N. KARIA, J)

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ORDER IN R/CIVIL APPLICATION NO. 1 of 2020

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In view of the order passed in the main matter, present Civil Application No.1 of 2020 for fixing date of early hearing does not survive and accordingly, stands disposed of.

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(DR. VINEET KOTHARI,J)

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(B.N. KARIA, J)

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rakesh/

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Page 4 of 4

Gautambhai Shantilal Shah v. Official Liquidator of Piramal Financial Services Limited

Case brief

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Gautambhai Shantilal Shah v. Official Liquidator of Piramal Financial Services Limited

Case brief

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