Gujarat High Court
The Manager, Kotak Mahindra Bank Ltd vs O.L. Of Essen Computers Ltd on 10 January, 2025
NEUTRAL CITATION
C/COMA/8/2024 ORDER DATED: 10/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 8 of 2024
In R/OFFICIAL LIQUDATOR REPORT NO. 136 of 2019
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THE MANAGER, KOTAK MAHINDRA BANK LTD,
Versus
O.L. OF ESSEN COMPUTERS LTD & ORS.
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Appearance:
MR TIRTH NAYAK(8563) for the Applicant(s) No. 1
MR ABHIJIT P JOSHI(1330) for the Respondent(s) No. 1
MR B S SOPARKAR(6851) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 10/01/2025
ORAL ORDER
1. This application is filed with the following prayers:
"(a) That the Hon'ble Court may be pleased to
direct the Respondent No.1 to forthwith comply with
the directions given in the judgment dated
11/04/2023 passed in OLR No. 136 of 2019 and file
a fresh application/report pursuant to a fresh
Chartered Accountant's report to be prepared as per
the directions in the said judgement dated
11/04/2023 passed in OLR No.136 of 2019 within a
period of two (2) weeks of the passing of the order
or any other period as this Hon'ble Court deems fit
and proper;
(b) For such other and further relief's as the
facts and circumstances of the case may require and
that this Hon'ble Court may deem fit."
2. Heard learned advocate Mr. Tirth Nayak for the
applicant - original respondent No.3 in OLR No.136 of 2019.
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C/COMA/8/2024 ORDER DATED: 10/01/2025
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3. Learned advocate submitted that the applicant herein is
a secured creditor of the company in liquidation having its
registered office at the address shown in the cause title.
Earlier an OLR No.136 of 2019 was filed by official
liquidator placing on record the report of chartered
accountant. In that OLR this Court in the judgment dated
11.04.2023 directed as under:
"Thus, the Official liquidator is directed to apprise
the Chartered Accountant for preparing a fresh report
in light of the afore-noted observations. Such report
shall be prepared within a period of three months.
The Official Liquidator shall file a fresh report after
receipt of report from the Chartered Accountant."
4. Therefore, as per the directions of this Court in
judgment dated 11.04.2023, in OLR 136 of 2019, a fresh
report of chartered accountant was required to be prepared
within a period of three months from the date of judgment
i.e. on or before 11.07.2023. However, till date no report is
filed which lead the applicant to file this Company
Application. Learned advocate also pointed out that with
regard to the various other applications filed seeking review
of judgment dated 11.04.2023 and cognate such appeals would
not have any bearing with regard to present application
because under this application, the applicant is only praying
to comply with the directions dated 11.04.2023 in OLR
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C/COMA/8/2024 ORDER DATED: 10/01/2025
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No.136 of 2019.
4.1. Learned Senior Counsel Mr. Soparkar assisted by Mr.
Manya Anjaria appeared for respondent No.2 and 3 (original
respondent No.1 and 2) and submitted that the delay
occasioned in filing the Chartered Accountant's Report as
directed under judgment dated 11.04.2023 in OLR No.136 of
2019, was on account of pending review application in OLR
N0.136 of 2019. Now the review application has been
disposed of. In view of the review being rejected, the order
dated 11.04.2023 in OLR No.136 of 2019 is required to be
complied with. Therefore, the directions issued under
judgment dated 11.04.2023 in relation to filing of fresh report
by chartered accountant shall have to be complied with. In
other words, the learned Senior Counsel supported the
submissions made on behalf of the learned advocate for the
applicant Mr. Nayak.
4.2. Opposing the above application, the learned advocate
Mr. Abhijit Joshi for official liquidator submitted that in
compliance of the directions in the judgment dated 11.04.2023
in OLR No.136 of 2019, a communication was made to the
concerned chartered accountant to prepare a fresh report.
However, the chartered accountant vide his letter dated
23.07.2024 showed inability to prepare the report within the
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C/COMA/8/2024 ORDER DATED: 10/01/2025
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time line provided because of his health issues. Noticing the
above fact, immediately a communication by the O.L. was
made dated 19.12.2024, appointing new chartered accountant
with a request to prepare the report as expeditiously as
possible. Learned advocate Mr. Joshi submitted that as it is
evident from the communication dated 19.12.2024 that
necessary steps have been initiated in compliance of the
directions dated 11.12.2024, at this stage no further directions
are warranted. Further, the matter being complex, the
chartered accountant may require certain more details and it
may consume some more time. He therefore submitted that
let the C.A. be provided an adequate time to prepare the
report and once the report is prepared, it will be placed
before this court.
5. Considering the submission and noticing the fact that in
compliance of the directions dated 11.04.2023, efforts were
made by Official Liquidator vide communication dated
19.12.2024, for appointing new Chartered Accountant to
prepare the report, the official liquidator is further directed
to do the needful to get the report as expeditiously as
possible preferably, within a period of three months from the
date of receipt of this order. With this direction, the present
Company Application is disposed of.
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C/COMA/8/2024 ORDER DATED: 10/01/2025
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6. It is also open for the official liquidator to place on
record the Chartered Accountant's report, if received prior to
the time expected.
(MAUNA M. BHATT,J)
MAYA
