1/2 33-COMP-4-2014 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPLAINT NO. 4 OF 2014 IN COMPANY PETITION NO. 452 OF 2010 Bell Finvest (India) Ltd. ...Petitioner And The Official Liquidator of M/s. R-Tech Systems (I) Pvt. Ltd. in Liquidation ...Complainant Versus Mr. Castelino Brain & Ors. ...Accused. _______ Mr. Harsh Moorjani, OL. Mr. Chetan Shelke, Dy. OL, Present. Mr. Ansh Agal i/b Kunal Lunawat for Accused Nos.1 & 2. Mr. Jineshkumar Gandhi a/w Mr. Rajdeep Lahiri, Sana Khan for Accused No.3. Mr. Dhanoa Singh Jagdeep Accused No.3, Present (through V. C.). _______ CORAM : ARIF S. DOCTOR, J. DATE : 28 th NOVEMBER 2025 P.C. 1. Learned counsel for the Official Liquidator seeks to withdraw the Complaint. He submits that in this case, the necessary statement of affairs of the company has in fact been served upon the Official Liquidator. However, the Official Liquidator is unable to race the same. Furthermore, the accused filed an affidavit stating that they do not have the report available with them and have thus discharged their required. Kiran Kawre KAWRE KIRAN KALYAN Digitally signed by KAWRE KIRAN KALYAN Date: 2025.12.01 20:07:05 +0530 2/2 33-COMP-4-2014 (OS).DOC 2. In these circumstances, learned counsel for Official Liquidator submits that in any trail, the Official Liquidator would be unable, for want of these records, to prosecute the claim under Section 454(5) of the Companies Act, 1956, and therefore, seeks leave to withdraw the complaint. 3. The Complaint is, at the request of the Official Liquidator, permitted to be withdrawn with liberty to file a fresh complaint in the event the Official Liquidator is locates the said statement of affairs of the company. 4. The Complaint is Disposed of as withdrawn. (ARIF S. DOCTOR, J.) Kiran Kawre