Bombay High Court
Integrated Sales Services Ltd., ... vs Dmc Management Consultants Ltd., ... on 19 July, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 1319 OF 2015
Integrated Sales Service Limited -- Applicant /
Decree Holder
Vs.
DMC Management Consultants Ltd. & -- Respondents /
Others Judgment Debtors
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. D.V. Chauhan, Advocate for Petitioner
Mr. Rama Kukday, Adv. h/f Mr. W.T. Mathew, Advocate for
Respondent No.1
Mr. Masood Shareef, Advocate & Mr. Gopal Sawal, Advocate
for Respondent Nos.2 and 3
Mr. Shyam S. Dewani, Advocate for Respondent No.4
CORAM : MANISH PITALE, J.
DATE : 14th JULY, 2022
When the present Miscellaneous Civil Application is
called out, it is brought to the notice of this Court that the
non-applicant No.2 has filed a Review Petition before the
Hon'ble Supreme Court, wherein on 14/07/2022, notice
was issued, returnable on 28/07/2022. On this basis, it is
submitted on behalf of the non-applicant No.2 that this
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Court may consider posting the present application for
further consideration after 28/07/2022.
2. A perusal of the order dated 14/07/2022, passed by
the Hon'ble Supreme Court in the Review Petitions indicates
that there is no interim order passed in favour of non-
applicant No.2. Therefore, the non-applicant No.2 - Arun
Dev s/o Govindvishnu Uppadhyaya, is directed to place on
record detailed affidavit as regards his assets from the year
2011 onwards before the next date of listing.
3. Civil Application (CAO) No. 1655/2017, is filed in
the present application on behalf of the applicant (decree
holder), seeking specific directions. The learned counsel for
the applicant invited attention of this Court to affidavits
placed on record on behalf of non-applicant Nos.1 & 3. It is
submitted that the details of the movable and immovable
assets of the aforesaid non-applicants have been placed on
record, which are woefully inadequate to satisfy the decree
that is passed in favour of the applicant herein. It is
submitted that in these circumstances, the applicant would
take appropriate steps and file an application, if necessary to
pray that in view of these circumstances, this Court may be
required to proceed against the Directors of non-applicant
Nos.1 and 3. For the present, this Court does not deem it
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appropriate to make any comment on the said aspect.
Nonetheless, the applicant would be at liberty to move an
appropriate application.
4. Insofar as Civil Application (CAO) No.1655/2017, is
concerned, in view of the details of the movable and
immovable assets of non-applicant Nos.1 and 3 placed on
record, this Court is of the opinion that the application
deserves to be allowed in terms of prayer clauses Nos. i, ii &
iii.
5. The direction in terms of prayer clause (i) shall be read
with details of movable and immovable assets of non-
applicant Nos. 1 & 3 placed on record before this Court.
6. Insofar as applicant No.1 is concerned, the details read
as follows :
Sr. No. Particulars Amount (Rs.)
I Investments & Deposits 2,47,022
II Loans & Advances 2,11,428
III Trade Receivables 51,75,970
IV Cash in Hand 5,682
V Cash at Bank 37,214
VI Temporary Shed 23,08,733
TOTAL 79,86,049
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7. Insofar as non-applicant No.3 is concerned, the details
placed before this Court read as follows :
Sr. No. Particular Amount (Rs.)
I INVESTMENT AND DEPOSITS 10,76,016
II TRADE RECEIVABLE 1,87,82,307
III CASH IN HAND 8,063
IV CASH AT BANK 1,38,575
V CASH AT BANK (Inoperative 20,942
Accounts)
VI MACHINERY & PLANT 20,08,420
VII FURNITURE & FIXTURE 13,29,957
TOTAL 2,33,64,280
8. Accordingly, the application stands allowed in terms of
prayer clauses i, ii & iii.
9. The Registrar (Judicial) of this Court is appointed as
Receiver in terms of prayer clause (iii).
10. The Registrar (Judicial) is directed to take immediate
follow up action in the matter and submit report to this
Court before the next date of listing.
11. Needless to say, the Registrar (Judicial) of this Court
having been appointed as Receiver is vested with all powers
under Order 40 Rule 1 of the Code of Civil Procedure,
including attaching and disposing of properties.
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12. List for further consideration on 02/08/2022.
JUDGE
Digitally signed by:MILIND
P DESHPANDE
Signing Date:20.07.2022
13:03
MP Deshpande
