Allowed

Stand 21 Exports India Pvt. Ltd. v. Assistant Commissioner (Ct)

Madras HC6 Jul 2017WP/518/2017

Case brief

AI extract

What is this about?

The Official Liquidator on behalf of a company in provisional liquidation applied for a direction to the respondent to pay a debt amount and surrender assets. The respondent did not appear. The court examined the affidavit and ordered the application as prayed.

What did the court decide?

Direction to respondent to pay debt due amount and surrender assets as per agreement.

Stand 21 Exports India Pvt. Ltd. Vs Assistant… — Company and Corporate | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORIGINAL JURISDICTION) FRIDAY, THE 12TH DAY OF JANUARY 2018 THE HON'BLE MR.JUSTICE M.M.SUNDRESH

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COMP.APPLN.NO.518 OF 2017 IN COMP.PETN.NO.255 OF 2014

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In the matter of Companies Act, 1956 And In the matter of M/s.First Leasing Company of India Limited (In Liquidation)

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C.P.NO.255/2014:

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M/s.ICICI Bank Limited Having its Registered Office at Landmarke Race Course Circle, Vadodara-390 007, and its Branch Office at Cenotaph Road, Teynampet, Chennai-600 018 Represented by its Authorized Signatory, And Power of Attorney Ms.N.Shanthakumari .. Petitioner Vs. M/s.First Leasing Company of India Limited 749, Anna Salai, Chennai-600 002 .. Respondent

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C.A.No.518/2017:

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The Official Liquidator, High Court, Madras as the Liquidator of M/s First Leasing Company of India Limited (In Provisional Liquidator) ...Applicant Vs. M/s.Skyway Rmc Plants Private Limited, Represented by its Managing Director Mr.Kelvin Simon Kohli, 1 having its Registered Office situated at 217, Kartik Complex, OPP: Laxmi Industrial Estate New Link Road,Anderi (West) Mumbai -400 053 ..Respondent

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The Company Applicant praying this Court:-

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a)To direct the respondent/debtor Company to pay the debt due amount of Rs.11,61,579.16 towards entire settlement along with subsequent interest @ 18% p.a till the date of final payment.

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b) To direct respondent to surrender assets in terms of clause (18) the agreement.

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c)To Permit the Official Liquidator meetout the cost of this application does come out of the funds of the company in Provisional Liquidation.

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The Company Application coming on this day before this Court for hearing in the presence of Mr.P.Atchutha Ramaiah, Official Liquidator, High Court, Madras, the applicant herein and the Respondent not appearing in person or through Advocate and upon reading the Judge's Summons and Report of Official Liquidator filed herein, the Court made the following order:-

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“This application has been filed by the learned Official Liquidator on behalf of the company in liquidation seeking a direction to the respondent to pay the debt apart from other reliefs sought for.

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2.Heard the learned Official Liquidator. Despite service of notice, none appears for the respondent.

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3.A perusal of the averments made in the affidavit filed in support of the application would show that the claim has

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been made based upon the records maintained by the company in

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liquidation. The averments are not being controverted “.

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4.In such view of the matter, the application is ordered as prayed for”.

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WITNESS, The MS.INDIRA BANERJEE, the Chief Justice of Madras High Court, as aforesaid this the 12^th day of January 2018.

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Sd/JOINT REGISTRAR(O.S) //CERTIFIED TO BE A TRUE COPY// DATED THIS THE DAY OF 2018.

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COURT OFFICER.

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From 25 th September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decree in this format.

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TE-15.05.2018

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COMP.APPLN.NO.518 OF 2017 IN COMP.PETN.NO.255 OF 2014

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ORDER DATED:12/01/2018

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THE HON'BLE MR.JUSTICE M.M.SUNDRESH

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FOR APPROVAL ON:16/05/2018

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APPROVED ON:16/05/2018

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To:

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The Official Liquidator, High Court, Madras.

Stand 21 Exports India Pvt. Ltd. v. Assistant Commissioner (Ct)

Case brief

What is this about?

What did the court decide?

Stand 21 Exports India Pvt. Ltd. v. Assistant Commissioner (Ct)

Case brief

What is this about?

What did the court decide?

What the court decided

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