Bombay High Court
Sara Chemicals And Consultants A ... vs Ogene Systems I Pvt Ltd on 21 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
15-IA(L)-18155-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 18155 OF 2024
IN
COMMERCIAL EXECUTION APPLICATION NO. 89 OF 2023
M/S. SARA CHEMICALS AND CONSULTANTS )...APPLICANT
V/s.
RAYAPROLU PRABHAKAR SREENIVAS & ORS. )...PROPOSED
RESPONDENTS
IN THE MATTER BETWEEN
M/S. SARA CHEMICALS AND CONSULTANTS )...APPLICANT
V/s.
OGENE SYSTEMS (I) PVT. LTD. )...RESPONDENT
Mr.Amir Arsiwala a/w. Ms.A.Doshi and Mr.Yash Dadriwal i/by India
Law LLP, Advocate for the Applicant.
Mr.Gautam Ankhad a/w. Mr.Vishal Pattabiraman and Mr.Deepal
Thakkar, Advocate for the Respondents no.1 to 3.
Mr.Anuj Jhaveri a/w. Mihir Modi i/by Mihir Modi, Advocate for the
proposed Respondent no.4.
CORAM : ABHAY AHUJA, J.
DATE : 21st AUGUST 2024
P.C. :
1. Pursuant to order dated 24th July 2024, today when the matter
ARTI VILAS
KHATATE was called out in the morning session, since the learned Counsel for the
Applicant was not available, this matter was kept back.
15-IA(L)-18155-2024.doc
2. In the afternoon session, when the matter is called out,
Mr.Ankhad, learned Senior Counsel for the Respondents, firstly submits
that in compliance with order dated 24th July 2024, Respondents no.1
to 3, who are practising Advocates by profession, are present in Court
and would submit that they were only professional directors in the
company, in respect whereof the execution is being sought. Mr.Ankhad
further submits that, on two counts, this Court does not have
jurisdiction. Firstly, the allegation with respect to the fraud played in
the dissolution of the Judgment debtor - company would need to be
raised before the National Company Law Tribunal or the National
Company Law Appellate Tribunal which has ordered dissolution of the
said company on 13th April 2023 and which order is not under
challenge. Secondly, Mr.Ankhad would submit that as stated in the
affidavit of disclosure of the Managing Director, which is at Exhibit E to
the Application, the Respondent - company has no movable or
immovable assets, whether tangible or intangible, whether fixed or
current, within the jurisdiction of this Court, and therefore also, this
Court would not have territorial jurisdiction to entertain the
application.
15-IA(L)-18155-2024.doc
3. Mr.Arsiwala, learned Counsel for the Applicant, once again
reiterates that a fraud has been played on the Applicant, as no notice of
the dissolution was made available to the Applicant, and behind the
back of the Applicant, despite an arbitral award of the year 2016, the
company has been dissolved and once again seeks to refer to the
various discrepancies in relation to the accounts filed on behalf of the
company.
4. Mr.Jhaveri, learned Counsel, appears for the Respondent no.4,
Resolution Professional of the company that has been dissolved and
submits that since the National Company Law Tribunal has already
passed an order of dissolution, which is not challenged, and therefore,
the execution proceedings alleging fraud, may not be maintainable
before this Court and seeks to file an appropriate reply in the matter.
5. Be that as it may, having heard the learned Senior Counsel and
the learned Counsel in the matter, this Court directs the Respondents to
file a reply in the matter, within a period of two weeks, with a copy to
the other side. Rejoinder, if any, in the week thereafter, with a copy to
the other side.
15-IA(L)-18155-2024.doc
6. List on 9th October 2024.
7. For now, the presence of the Respondents is dispensed with.
(ABHAY AHUJA, J.)
