Meena Vilas Veta And 2 Ors vs Pal Peugeot Ltd Through Official ...
2021 Latest Caselaw 4296 Bom

                                                 1/2                            31-IA-1300-2020.doc




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        ORDINARY ORIGINAL CIVIL JURISDICTION

                         INTERIM APPLICATION NO. 1300 OF 2020
                                          IN
                           COMPANY PETITION NO. 117 OF 1999


Meena Vilas Veta and Ors.                                     ....Applicants
              V/s.
M/s. Pal Peugeot Ltd.
Through Official Liquidator of
Bombay High Court                                             ....Respondent

                                                 ----
None for Applicants.
Mr. Mahendhar Aithe, Company Prosecutor present.
                                 ----

                                            CORAM : K.R.SHRIRAM, J.

DATED : 9th MARCH 2021.

P.C. :

1. I have considered the application without assistance of

applicant's advocate who has not appeared.

2. Mr. Aithe states that he has not received a copy of application.

3. Applicants are legal heirs of one Vilas Kushya Veta (deceased)

who died on 06/05/1992 in a motor accident. Applicants succeeded in the

claim before the Motor Accident Claim Tribunal, Thane and are relying on

judgment dated 28th November, 2005 passed by the Motor Accident Claim

Tribunal, Thane under which applicants are entitled to receive

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compensation of Rs.6,84,464/- with interest @ 7.5% p.a. from the date of

application. The order is passed against Opponent Nos.2 and 5 in that

application. Opponent No.2 is Premier Automobiles and Opponent No.5 is

a private individual. It is alleged in the application that Opponent No.2, i.e.,

Premier Automobiles in the Execution Application, filed objection stating

that it had merged with Pal Peugeot Ltd., which is a company in liquidation

and therefore, the Execution Application was not maintainable. Hence,

applicants seek a direction to the liquidator to consider applicant's claim as

legal heirs of deceased.

4. Liquidator to consider the application. Applicants are permitted

to file their affidavit of proof of debt with the liquidator within six weeks

from today and liquidator shall consider the same in accordance with law

and in particular whether applicants are entitled to make this claim as legal

heirs of deceased. A copy of this order be sent to applicants at the address

mentioned in Exhibit "E" to the application.

5. Interim Application stands disposed.

(K.R. SHRIRAM, J.)

Purti Parab