Bombay High Court
CP/806/1988 of K.K.RAJANI and ANR. Vs TRIMURTY HOUSING DEVELOPMENT INDIA. on 17 August 1989
THE HIGH COURT
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO. OF 2005
IN
COMPANY PETITION NO.806 OF 1988
In the matter of Companies Act
I of 1956;
And
In the matter of M/s.Trimurti
Housing Development Co. Ltd.
(In Liqun.)
Mahadeo Parashuram Ganpula ..Applicant.
Vs.
Official Liquidator being
Liquidator of M/s.Trimurti
Development Co. Ltd. (In Liqn.) ..Respondent.
Mr.S.A.Tawade for the Applicant.
Ms.K.V.Gautam, Dy. Official Liquidator present.
CORAM : S.J. VAZIFDAR, J.
CORAM : S.J. VAZIFDAR, J.
CORAM : S.J. VAZIFDAR, J.
DATED : 27TH JANUARY, 2006
DATED : 27TH JANUARY, 2006
DATED : 27TH JANUARY, 2006
P.C. :
P.C. :
P.C. :
The only dispute is the security charges payable by the Applicant. According to the Official Liquidator, on an apportionment, the Applicant is liable to pay Rs.1,00,321/- as their proportionate share of security charges. This is disputed by the Applicant.
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2. Other than the above dispute, there is no impediment to the Official Liquidator in handing over possession in accordance with the order of the Division Bench dated 25th July, 2005.
3. In the circumstances, the following order is passed :
i) The Official Liquidator shall hand over possession of the property in accordance with the order dated 25.7.2005 within two weeks of the Applicant depositing with the Official Liquidator, a sum of Rs.1,00,321/-.
ii) The deposit by the Applicant as aforesaid, if made, shall abide by the final result in the above Company Application.
Company Application is made returnable after six weeks.