Full Text
Order delivered on: 12th July, 2016 C.A. No. 2357/2016 in C.P.No. 66/2012
M/S CHINATRUST COMMERCIAL BANK ..... Petitioner
Through None
Through Ms. Sakshi Jain,Mr. Piyush Sharma and Mr.A.N. Prasan, Advs. for the
Applicant.
Mr. Ashish Makhija, Adv. for Official Liquidator.
JUDGMENT
1. After last visit by the Local Commissioner and on the basis of report filed, the present above referred application has been filed on behalf of the applicant, M/s Sapphire Diamond Exports Pvt. Limited under Rule 9 of the Company (Court) Rules, 1959 for seeking directions to be issued to the official liquidator and the Court appointed Local Commissioner for due compliance with order dated 3rd June, 2016 passed in C.A.775/2016 whereby directions were issued to the official liquidator to handover the vacant possession to the applicant.
2. The learned counsel appearing on behalf of the official liquidator has not opposed the prayer of the application except he says that the MCD be directed to de-seal the premises bearing No.D-93, Okhla Industrial Area, Phase-1, New Delhi-110020 (hereinafter referred to as the “said premise”) so as to give effect to the order dated 3rd June, 2016:DHC:4872 C.A. No.2357/2016 in Co.Pet. No.66/2012 2016 and after shifting the material lying in the said premise, the said premise be re-sealed accordingly. The order is passed accordingly.
3. In view of the averments made in the application and the statement made on behalf of the Official Liquidator, I direct the Official Liquidator to comply with the order dated 3rd June, 2016 after taking proper steps and transfer all the goods lying at the said premise to the adjoining property at D-95, Okhla Industrial Area, Phase-1, New Delhi- 110020 or any other place after de-sealing the same on 16th July, 2016 in the presence of the same Local Commissioner as agreed. After the said compliance, the Official Liquidator to re-seal the premise No.D-95, Okhla Industrial Area, Phase-1, New Delhi. The Official Liquidator and Local Commissioner are entitled to take police assistance from the local police, if so required. SHO of the area shall provide full assistance for the purpose of compliance of the order. The Local Commissioner shall file his report by the next date of hearing. The fee of the local commissioner is fixed at Rs.60,000/- which shall be paid by the applicant as agreed by the Counsel.
4. Dasti under signatures of the Private Secretary to the parties as well as to the Local Commissioner.
JUDGE JULY 12, 2016