Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1285 of 2008 IN COMPANY PETITION NO. 412 OF 1996 BGM Industrial Services ...Petitioner V/s. The O.L. of M/s. Marathon Footwears Pvt. Ltd. (IN LIQN) ...Respondents H.M.G.Murthy present in person. Ms. Kavita Shah i/b. A.G.Shah for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 10th October, 2008 : 10th October, 2008 : 10th October, 2008 P.C. . Heard applicant who appears in person as well as the representative of the Official Liquidator and the petitioners. There can be no doubt that the Official Liquidator is required to adjudicate the claim in respect of company in liquidation. The applicants claim that applicants are the owner of the property which the Official Liquidator assumes to be belonging to the company in liquidation. The fact that the applicants are owners of the property and the company in liquidation has no causal connection therewith is a matter which will have to be established by the applicants before the Official Liquidator by producing relevant documents to establish their ownership and title in the disputed premises. All question in that 2 behalf will have to be addressed by the Official Liquidator on its own merits in accordance with law and decide the claim of the applicants in accordance with law. 2. Counsel for the petitioner submits that since the applicants have made allegations against the Official Liquidator, it is doubtful whether the official Liquidator should be called upon to examine the claim of the applicants. In my opinion, merely because some allegations are made against Official Liquidator, that cannot be the basis to hold that Official Liquidator is incapable of deciding the controversy in question. The Official Liquidator will have to adjudicate the matter in view of the statutory obligation cast upon his Office. In the circumstances, apprehension expressed by the petitioners will be of no avail. Indeed, the applicants are expected to extend necessary cooperation to the Official Liquidator for adjudicating their claim. As aforesaid all questions in that behalf are left open to be decided by the Official Liquidator. 3. Counsel for the petitioners has invited my attention to the fact that applicants have merely produced share certificate of the Society where the property in question is situated. Indeed, the share 3 certificate is a conclusive proof that the person is a member of the Society. The fact that title in respect of said property is legitimately vested in such a person who is also the member of the Society, is a matter which will have to be established by the applicants. It is open to the Official Liquidator to consider all aspects in that behalf while adjudicating the claim of the applicants. 4. Accordingly, this application is disposed of on the above terms with direction that applicants to produce relevant documents as may be advised before the Official Liquidator within two weeks from today. On production of such relevant documents and certified or notarised copy thereof to be placed on record of the Official Liquidator, the Official Liquidator will adjudicate the claim of the applicants after giving opportunity to the petitioners before passing final decision thereof which shall be done not later than six weeks from the date of the production of further documents by the applicant. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]