OFFICIAL LIQUIDATOR OF M. BAKER AUTO REFINISHING PVT. LTD. (IN LIQUIDATION) v. CARTEC BV. (PETITIONER)
OLR/107/2025 · 2025-11-28
Shri Arif S Doctor
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76953 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76953 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/4 8-OLR-107-2025 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 107 OF 2025 IN COMPANY PETITION NO. 349 OF 2003 In the matter of Companies Act, I of 1956; And In the matter of Baker Auto Refinishing Pvt. Ltd. (In Liqn.) Cartec BV.
...Petitioner WITH OFFICIAL LIQUIDATOR REPORT NO. 101 OF 2025 IN COMPANY PETITION NO. 239 OF 1990 WITH OFFICIAL LIQUIDATOR REPORT NO. 103 OF 2025 IN COMPANY PETITION NO. 355 OF 1994 WITH OFFICIAL LIQUIDATOR REPORT NO. 108 OF 2025 IN COMPANY PETITION NO. 683 OF 2002 WITH OFFICIAL LIQUIDATOR REPORT NO. 110 OF 2025 IN COMPANY PETITION NO. 924 OF 2003 WITH OFFICIAL LIQUIDATOR REPORT NO. 111 OF 2025 IN COMPANY PETITION NO. 334 OF 2010 WITH Kiran Kawre KAWRE KIRAN KALYAN Digitally signed by KAWRE KIRAN KALYAN Date: 2025.12.01 20:07:03 +0530
2/4 8-OLR-107-2025 (OS).DOC OFFICIAL LIQUIDATOR REPORT NO. 112 OF 2025 IN COMPANY PETITION NO. 788 OF 2004 WITH OFFICIAL LIQUIDATOR REPORT NO. 114 OF 2025 IN COMPANY PETITION NO. 115 OF 2006 _______ Mr. Nikhil Rajani i/b M/s. V.Deshpande and Co., for SVC Co.OP Bank Ltd. (Secured Creditor). Ms. Akanksha Agrawal and Mr. Rushabh Sheth for Official Liquidator. Mr. Satyajit Roul, Official Liquidator and Mr. Chetan Shelke, Dy. OL, Present. _______
CORAM :
ARIF S. DOCTOR, J. DATE : 28 th NOVEMBER 2025 P.C.
1. All these matters were placed on board today since a common issue arises. Each of the captioned Official Liquidator’s Reports seeks dissolution of the Companies in question and consequential dispensation with the compliances which would otherwise be required during the course of final dissolution of a company in liquidation.
2. For the convenience of the Court, the Official Liquidator has prepared a list setting out (i) the date on which the winding-up order was passed; (ii) the funds available; and (iii) the status of the claim in each of the companies.
3. For convenience, the same is reproduced below: Sr. No.
OLR NO. Date
of Winding Up Funds Available (In Rs.) Claims 1 107 of 2025 (M. Baker Auto Refinishing 07.11.2003 15,000/- Not invited and no suo moto claims received Kiran Kawre
3/4 8-OLR-107-2025 (OS).DOC Pvt. Ltd.) Para 11 @ 6 2 101 of 2025 (Blazen Metex Pvt. Ltd.) 06.10.1993 Nil Balance Not invieted and no suo moto claims received Para 9 @ 7 3 103 of 2025 (Ethical Products Pvt. Ltd.) 26.11.1998 7,186/- Not invieted and no suo moto claims received Para 9 @ 6 4 108 of 2025 (Roplas (India) Ltd.) 23.01.2003 2,239/- Not invieted and no suo moto claims received Para 10 @ 6 5 110 of 2025 (Farrel Anand Machinery Manufactures Pvt. Ltd.) 26.07.2010 4,332/- Claims Invited, no claims received - Para 8 @ 8 6 111 of 2025 (Bhukanvala Powere Tools Pvt. Ltd.) 06.07.2018 5,000/- Not invieted, suo-moto claim of Sales Tax Office, Mazgaon received to the tune of Rs.21,24,453/- Para 7 @ 5, para 11 @ 7 7 112 of 2025 (Kirloskar Airtech Ltd.) 16.08.2010 10,000/- Not invited and no suo moto claims received Para 11 @ 6 8 114 of 2025 (Milton Silk Mills Pvt. Ltd.) 27.07.2010 4,200/- Claims invited, but non received – para 14 @ 5
4. On a query from the Court as to why no claim were invited in respect of some of the aforesaid companies, it was pointed out that this was because those companies neither have any funds nor do they have any assets. This is set out in each of the reports filed by the Official Liquidator. It is in the context of these
facts that the various directions have been sought.
5.
Learned counsel have also placed reliance upon various decisions which support the directions which are today sought for, useful reference can be placed upon the decision of this Court in the case of Goan Riviera Resorts Private Kiran Kawre
4/4 8-OLR-107-2025 (OS).DOC Limited through the Official Liquidator 1, Meghal Homes (P) Ltd. Vs. Shree Niwas Gimi K. K. Samiti 2, Delfin Expo Mart Vs. Royal Regency Fashions Pvt. Ltd. 3, Vikas Motors Pvt. Ltd. 4, Indiana Spices and Foods Industries Ltd. 5 and Lalji Paper Mills Pvt. Ltd
6.
6. In each of the aforesaid decisions, the Court proceeded to allow dissolution of the company in liquidation since there was a lack of sufficient or substantial funds or assets, and no useful purpose would be served by keeping the process of winding-up or liquidation alive.
7. Having heard learned counsel and having perused the judgments upon which reliance is placed, I am satisfied that a case has been made out for allowing the aforesaid Official Liquidator’s Report.
8. Hence, the Official Liquidator’s Reports are allowed as prayed for.
(ARIF S. DOCTOR, J.) 1 (2024) SCC Online Bom 751 2 (2007) 7 SCC 753 3 (2023) SCC Online Del 3866 4 (2023) SCC Online Del 4634 5 (2020) SCC Online Del 705 6 (2019) SCC Online Del 10739 Kiran Kawre