Order 1

Order Details: Chamber summons
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Ch/sum. no.973-19
In Suit no.1439-10
MHCC010051082019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.973 OF 2019
CNR NO.MHCC010051082019
IN
SHORT CAUSE SUIT NO.1439 of 2010
The State Trading Corporation of India Ltd. ..Plaintiff
V/s
M/s. Rajat Pharmachem Ltd., & Ors. ..Defendants.
A N D
Official Liquidator, High Court Bombay ....Respondent
CORAM : HIS HONOUR JUDGE
SHRI VIRENDRA D. KEDAR
(COURT ROOM NO.01)
DATE 6th DAY OF AUGUST, 2022
: Appearances:
Adv. Laxmi Mariya for the plaintiff.
None for the defendant.
ORAL ORDER
The plaintiff has taken out the present chamber
summons for claiming reliefs such as for impleading a financial
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In Suit no.1439-10
liquidator, High Court, Bombay as the liquidator of M/s Rajat
Pharmachem Ltd., instead of impleadment of M/s Rajat Pharmachem
Ltd. (defendant no.1) with other reliefs.
2. In short, it is contention of the plaintiff that, the plaintiff
has filed original suit no. 1969/2009 before the Hon'ble Delhi High
Court. The Hon'ble Delhi High Court was pleased to return the plaint
to file before the appropriate forum. Thus it has been filed here. It is
contended that during pendency of the present suit, one M/s. Vidhya
Pharmachem Pvt. Ltd., has filed Company Petition against M/s Rajat
Pharmachem Ltd., before the Hon'ble High Court of Bombay, bearing
Company Petition no. 419/13, for winding up of defendant no.1. The
Hon'ble Lord ship Mr. Justice S.J. Kathawala was pleased to pass an
order dated 06/02/2015 interalia accepting the undertaking from
the defendant no.1 of repayment of dues of various customers. The
Hon'ble High Court was also pleased to appoint the official liquidator
as liquidator of the defendant no.1, with all necessary powers under
the provisions of the Company Act. Defendant no.1 has committed
default for payment, pursuance to the undertaking given before the
Hon'ble High Court. Accordingly upon violation of the direction, as
contending in order dated 06/02/2018, the defendant no.1 was
ordered to be wound up and as a consequence thereto the financial
liquidator attached to the Hon'ble High Court was appointed on the
assets (movable and immovable) of the defendant no.1. Therefore in
the aforesaid situation powers, authority, books of account and the
assets of defendant no.1 (Company in liquidation) fits with the
Official Liquidator, High Court, Bombay. Therefore it is necessary to
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In Suit no.1439-10
implead the Official Liquidator, High Court, Bombay as the liquidator
of defendant no.1 instead and in place of defendant no.1 company, as
a necessary party.
3. It is further contended that, the plaintiff has also filed
Company Application no. 697/2018 for leave under section 279 of
Company Act 2013, before the Hon'ble High Court of Bombay. The
Hon'ble High Court vide order dated 22/02/2019, pleased to grant
leave to the plaintiff to implead official Liquidator, High Court
Bombay as party defendant to this suit in place and instead of
defendant no.1 as the liquidator of the defendant no.1. Hence the
present chamber summons.
4. None present for defendants. Heard learned advocate for
the plaintiff. Perused the record.
5. It is the contention of the learned advocate for the
plaintiff that, in Company petition filed by M/s. Vidhya Pharmachem
Pvt. Ltd., the Hon'ble High Court Bombay was pleased to pass an
order dated 6/5/2015 interalia accepting the undertaking from the
defendant no.1 for repayment of dues at various installments and also
appointed official Liquidator of Bombay High Court as the Liquidator
of defendant no.1. In support of her contention, she has filed the copy
of order dated 22/02/2016 (Exh.B') and copy of order dated
22/02/2019 (Exh.C) passed by the Hon'ble High Court.
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In Suit no.1439-10
6. It reveals that the Official Liquidator of the Hon’ble
Bombay High Court be appointed as Liquidator of the defendant no.1
with all necessary powers under the provisions of the Companies Act.
The Hon'ble High Court upon the statement made by the plaintiff that
it shall not claim any relief against the Company in liquidation in suit
No. 1439/18 granted leave under section 279 of the Companies Act,
2013 to implead Official Liquidator as a party defendant to the suit.
Thus, in view of the order of the Hon'ble High Court, the plaintiff
made out case for impleading the Official Liquidator, High Court,
Bombay as the liquidator of defendant no.1 instead and in place of
defendant no.1. Hence the following order:
ORDER
Chamber summons No.973/2019 stands allowed
and made absolute in terms of prayer clause (a) and (b).
The plaintiff to carry out necessary amendment
within 14 days.
Chamber summons is disposed of accordingly.
(Virendra D. Kedar)
Judge, City Civil & Sessions
Court,Gr.Mumbai
Date:.06.08.2022 (C.R. No.1)
Dictated on : 06.08.2022
Transcribed on : 08.08.2022
Signed on :
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Ch/sum. no.973-19
In Suit no.1439-10
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE10.08.2022 NAME OF STENOGRAPHER(GI)
Mrs. V. V. Mhatre
TIME:
Name of the Judge (With Court room no.) HHJ Shri Virendra D. Kedar
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 06.08.2022
JUDGMENT/ORDER signed by P.O. on 10.08.2022
JUDGEMENT/ORDER uploaded on 10.08.2022
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