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2020 Supreme(Bom) 512

R.D.DHANUKA
In The Matter Of The Companies Act, I Of 1956 – Appellant
Versus
Official Liquidator, High Court – Respondent


Advocates Appeared:
Mr. Prathamesh Kamat along with Mr. Shanay Shah for the Official Liquidator, for the Appellant; Mr. Sarosh Bharucha along with Mr. Som Sinha, Ms. Sneha Prabhu, Ms.Divya Vishwanath i/by M/s. Som Sinha and Associates for M/s.Arambhan Hospitality Services. Mr. Mahendhar Aithe, Company Prosecutor for O.L. Present, for the Respondent

JUDGMENT

1. Official Liquidator of M/s. GOL Offshore Limited (in liquidation) has filed OLR No. 139 of 2018 under Section 536 (2) of the Companies Act, 1956 inter-alia praying for a declaration that the transaction of payments made by M/s. GOL Offshore Limited (in liquidation) through director of the company (in liquidation) to M/s. Arambhan Hospitality Services Limited during the period between 10 th October, 2016 and 14 th June, 2017 are void and seeks direction against the M/s. Arambhan Hospitality Services Limited to refund Rs.4,07,99,612/- to the official liquidator.

2. Company Application (L) No. 89 of 2019 is filed by M/s. Arambhan Hospitality Services Limited inter-alia praying for an appropriate order and direction under Section 536(2) of the Companies Act, 1956 declaring that the consent terms dated 24 th October, 2016 in Commercial Admiralty Suit (L) No. 69 of 2016 is valid, subsisting and binding on the parties in the suit and to ratify the same and also the payment of Rs.4,07,99,612/- made by the M/s.GOL Offshore Limited (in liquidation) be ratified. By consent of parties, the official liquidator report and the company application filed by M/s. Arambhan Hospitality Serv

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