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2019 Supreme(Bom) 1334

S.J.KATHAWALLA
In the matter of M/s. J. B. Diamonds Limited (in Liquidation) ICICI Bank Limited – Appellant
Versus
. – Respondent


Advocates:
Advocate Appeared:
Mr. Sharan Jagtiani, Mr. Shanay Shah along with Ms. Shradha Achliya for the Official Liquidator Mr. J.P. Sen, Senior Advocate, Mr. Shashank Fadia along with Ms. Priyanka Fadia, Mr. Phiroze Colabawalla along with Mr. Nikhil Rajani I/by M/s. V. Deshpande and Co., Mr. Raghavan Sarathy I/by Thodur Law Associates, for Bhagwanbhai Kukadiya, Mr. Rajesh Surani, Mr. Vallabhbhai Surani, Mr. Jivrajbhai Surani, Mr. Sureshbhai Kukadiya, Mr. Virjibhai K. Kukadiya, M/s. Bhavik Gems, J.B.Jewellery Pvt. Ltd., Riya Diamonds P. Ltd. And Meer Gems Mr. Mahendhar Aithe.

JUDGMENT :

1. By the above report, the Official Liquidator is seeking, inter alia, an order and direction from this Court to permit the Official Liquidator to (i) break open the lock put by the ex-management of J.B. Diamonds Limited, the Company (In Liquidation) (“the Company”) on the premises namely Bharat Diamond Bourse, Office Space No.8120, Bandra Kurla Complex, Bandra (E), Mumbai-400 051; and (ii) take physical possession of the assets of the Company, of which symbolic possession has already been taken by the Official Liquidator, and if necessary, with the assistance of the Police Authorities, by directing the tenants (tenancy rights whereof are disputed by the Official Liquidator) to vacate the premises. The Official Liquidator is also seeking other consequential directions including, inter alia, to suggest and recommend the name of a panel valuer to conduct valuation of Office Space No.8120 at Bharat Diamond Bourse and to permit the Official Liquidator to pay the professional fees of the panel valuer as per the norms fixed by this Court.

2. The Official Liquidator’s Report has been filed on the basis that the ex-directors of the Company in Liquidation have colluded with the pa

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