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TMI Blog2020 (10) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... NCLT seeking leave may be granted to the Petitioner's to continue the suit filed against Gaon Wonderland Properties Pvt. Ltd., before the Court of Civil Judge Senior Division at Panaji having Special Civil Suit No. 44 of 2008. 2. The Petitioner number 1 is a company registered under the provisions of the Companies Act, 1956. Petitioner number 2 is into the business of real estate. The Petitioners jointly undertake ventures to buy and sell properties in the state of Goa. SUBMISSIONS BY THE PETITIONER 3. The Respondent is the Official Liquidator of M/s Gaon Wonderland Properties Private Limited (Company) appointed by the Hon'ble High Court of Bombay vide its order dated 19.06.2018. by the aforesaid order of the Hon'ble Bombay High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of registration of the Sale Deed, the Directors of the Company who were authorized to sign Sale Deed with respect to the suit property could not be contacted and remained unavailable for days thereafter. 7. Thereafter, the Petitioner's came to know that the Company had purchased the suit property from the vendors clandestinely behind the Petitioner's back with a view to evade the Petitioners and avoid paying dues to the Petitioner's towards the performance of the contract. 8. Thereafter, the Petitioner's filed a suit against the said Company and its Directors before the Court of Civil Judge Senior Division at Panaji in Special Civil Suit No. 44 of 2008 for specific performance of contract dated 28.11.2006 for an amount of Rs. 1,96,65,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner's have a valid claim against the Company and therefore it is absolutely essential that the suit filed by the Petitioners against the Company before the Court of Civil Judge Senior Division at Panaji having Special Civil Suit No. 44 of 2008 be continued to be tried and decided on merits. 12. The said suit in pending trial at the stage of Evidence and the Petitioner's are likely to succeed on merits if the said suit is allowed to be continued against the Company. That the grant of leave to continue the said suit against the Company will not in any manner hamper the winding up process of the Company neither it shall create scrambling of the assets belonging to the Company. That it is absolutely necessary for the said suit to be decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Mr. Eric Sequiera (exdirector) vide his letter dated 21.12.2018 informed the Official Liquidator that there is a Special Civil Suit No. 44 of 2008 between M/s Fernandes Realtors Private Limited vs M/s Gaon Wonderland Properties Private Limited is pending before Hon'ble Court of Civil Judge Senior Division Panaji at Goa. The said suit was listed for hearing on 05.02.2019. in the said matter the representative of official Liquidator appeared and brought to the notice of Hon'ble Court that M/s Gaon Wonderland Properties Private Limited was ordered to be wound up and the Official Liquidator has attached to the Hon'ble High Court, Bombay Bench at Goa been appointed as Liquidator with usual powers under the Companies Act, 1956, therefore, Pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tertain the Company Petition No. 4133 of 2018 and the Petitioner's may be directed to approach the Hon'ble High Court, Bombay Bench at Goa for obtaining the leave under Section 446 of the Companies Act, 1956 to proceed with pending Special Civil Suit. FINDINGS 15. During the course of hearing this Bench noted two issues. The first issue was relating to the Applicant itself where he says that he has filed a Suit against the M/s Gaon Wonderland properties Private Limited and its Director before the Court of Civil Judge, Senior Division at Panji in Special Civil Suit No.44 of 2008 for specific purpose of contract dated 28.11.2006. However, no contract dated 28.11.2006 was placed before this Bench. Instead, what was placed before this Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, 2013 (18 of 2013)." 18. It is important to refer to Section 279 of Companies Act 2013 which refer to "Stay of suits, etc., on winding up order - " Sec. 279: Stay of suits on winding up order (1) When a winding up order has been passed or a provisional liquidator has been appointed, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, by or against the company, except with the leave of the Tribunal and subject to such terms as the Tribunal may impose: Provided that any application to the Tribunal seeking leave under this section shall be disposed of by the Tribunal within sixty days. (2) Nothing in sub-section (1) shall apply to any proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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