State Bank Of India vs Official Liquidator Of Balmukund ...
2024 Latest Caselaw 24195 Bom

Bombay High Court

State Bank Of India vs Official Liquidator Of Balmukund ... on 16 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                            10-IAL-6527-2024.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                  INTERIM APPLICATION (L) NO. 6527 OF 2024
                                    IN
                     COMPANY PETITION NO. 397 OF 2016

 State Bank of India                          ... Applicant
              Vs.
 Official Liquidator of Balmukund
 Chemicals Pvt. Ltd. and another              ... Respondents
 In the matter between :
 Ashika Credit Capital Limited                ... Petitioner
              Vs.
 Balmukund Chemicals Pvt. Ltd.                ... Respondent

 Mr. Rishi Thakur alongwith Ms. Dhwani Gala instructed by ZBA,
 Advocate for the Applicant-SBI.
 Mr. Dharmesh Joshi alongwith Ms. Supriya Harugade, Ms. Akshita
 Vakharia and Ms. Harshni Shah for the Applicant in IAL-24235-2024.
 Mr. Mutahhar Khan, Advocate for the Official Liquidator.
 Mr. Chandan Kumar, Official Liquidator, present.

                                  CORAM       :       ABHAY AHUJA, J.

                                  DATE        :       16 AUGUST, 2024

 P.C. :

1. Pursuant to the order dated 26th April 2024, today when the

matter is called out, Mr. Khan appearing for the Official Liquidator

would submit that in addition to the claims mentioned in paragraph 2

of the said order, there were also workmen's claims that had been

received, which was not pointed out to the Court earlier and that

therefore, this Court permit the Official Liquidator to place on record

10-IAL-6527-2024.doc

an additional Affidavit in respect of the same.

2. Let the same be filed within a period of two weeks from today

with a copy to the other side.

3. Mr. Joshi appears for the workmen and submits that the

Interim Application (L) No.24235 of 2024 that has been filed by the

workmen is not on board and that the same is also be listed on the next

date.

4. As far as objections on behalf of the State Bank of India in the

present Application are concerned, Mr. Thakur submits that by

Judgment dated 3rd May 2024, this Court had in a similar matter in the

case of Omkara Assets Reconstruction in the matter between, ICICI

Bank Limited v/s. Classic Diamonds (India) Limited, Interim

Application (L) No. 25210 of 2022 in Company Petition No.317 of

2012, passed orders transferring the proceedings before this Court to

the NCLT and that similar orders be passed and that his client has no

objection to the transfer of the proceedings to the NCLT.

5. List on 6th September 2024 alongwith Interim Application (L)

No. 24235 of 2024.

(ABHAY AHUJA, J.)