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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 ..... ing a Liquidator and initiating the process of Liquidation. This Bench understands that the process of Liquidation, interalia, involves the Official Liquidator making public announcement, submitting report on the fixed assets and liability and carrying out the liquidation process. The job of the Official Liquidator essentially relates to squaring up the Assets and Liability side and completely liquidating the assets of the Company and, thereafter filing a report before the Hon'ble High Court of Mumbai, Goa Bench for dissolving the Company - this Bench is of the view that the final outcome of CP No.24/2012 is by way of dissolution of the Company and, therefore, the appointment of the OL vide its Order dated 19.06.2018 is just an intermediate stage and the final outcome in CP 24/2012 is still pending. The Petitioner s is directed to take appropriate steps to file leave application before the Hon ble High Court, Bombay bench at Goa. This Bench is of the view that NCLT has no jurisdiction to grant leave in the matter which is pending before the Hon ble High Court, Bombay Bench at Goa - Matter disposed off. - CP 4133/MB/2018 - - - Dated:- 29-9-2020 - Hon'ble Shri. Chandra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing the title of suit property and negotiated the purchase price of the suit property from vendor on behalf of the said Company. The Company was required to execute the Sale Deed with the vendor with respect to the suit property on the day fixed for registration. However, on the day 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 ₹ 1,96,65,000/- along with interest @24% from the date of execution of Sale Deed of the suit property till realization and for further consequential reliefs. 9. Durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court of Civil Judge Senior Division at Panaji having Special Civil Suit No. 44 of 2008. b. Any other relief which the Tribunal deems necessary in the interest of justice. c. For the cost of the petition. SUBMISSIONS BY THE LIQUIDATOR 14. The Liquidator filed reply to the petition raising the following contentions: a. By an order dated 19.06.2018 of the Hon ble High Court, Bombay Bench at Goa passed in Company Petition No. 24 of 2012, Gaon Wonderland Properties Private Limited was ordered to be wound up and the Official Liquidator attached to the Hon ble High Court, Bombay Bench at Goa been appointed as Liquidator with usual powers under the Companies Act, 1956. b. Pursuant to the winding up order of the Hon ble High Court, Bombay Bench at Goa the Official Liquidator made attempt to take the possession of Registered Office of the Company situated at Leonara Apartment, Flat No. B-7, St. Mary s Colony, Near Stellamaris Chapel, Miramar, Panaji, North Goa. However, the said premises was found vacant and belong to Shri. Vasco D Silva, therefore the possession of the said premises could not be taken by the representative of Official Liquidator. c. Smt. Daphn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench 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 is an unregistered Agreement dated 28.11.2011 (though notarized) where the Company has agreed to compensate the Petitioner towards his services. Therefore, this Bench is not on a firm footing to decide as to how a Civil Suit was filed in 2008 though the unregistered Agreement which is signed between the parties is dated 28.11.2011. 16. Be that it may, this Bench, however, is seized of a more germane and pertinent issue in this case on whether NCLT has any jurisdiction to grant leave u/s.279 of the Companies Act, 2013 when the winding up Petition in CP No.24/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble High Court of Mumbai, Goa Bench for dissolving the Company. 20. Therefore, this Bench is of the view that the final outcome of CP No.24/2012 is by way of dissolution of the Company and, therefore, the appointment of the OL vide its Order dated 19.06.2018 is just an intermediate stage and the final outcome in CP 24/2012 is still pending. 21. This Bench is also of the view that even the decision regarding whether in the CP No.24/2012 the final outcome is pending or not, has to be decided by the Hon'ble High Court of Bombay, Goa Bench itself because in the event the Hon'ble High Court views that this matter is not pending before it, then the Hon'ble Bench would order transfer of the case to the concerned NCLT Bench. Since in this matter the Hon'ble High Court of Bombay, Goa Bench has not transferred this matter, therefore, this Bench of NCLT is of the view that a final view has not been taken in this regard by the Hon'ble High Court. 22. In light of the above the Petitioner s is directed to take appropriate steps to file leave application before the Hon ble High Court, Bombay bench at Goa. This Bench is of the view that NCLT has no jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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