1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO.219 OF 2009 IN COMPANY PETITION NO.523 OF 2005. The Kitply Industries Pvt. Ltd. ..Petitioner. And The State Bank of India. ..Applicants. vs. The Official Liquidator of Sanjay Plywood Industries Pvt. Ltd. .. Respondent. .... Ms. Sima Jain, i/b. M/s. Chaturved & Assoc., for Applicants. Official Liquidator, present. .... CORAM : S.J.KATHAWALLA, J. DATE : 25TH AUGUST 2009. P.C. This application is made by the State Bank of India for a direction that the Official Liquidator be directed to continue to be in possession of company properties as Court Receiver of the Debt Recovery Tribunal (D.R.T.), as per the order of the Presiding Officer, DRT - II, Mumbai dated 19 th September 2008 passed in O.A. No.141 2 of 2006 in Exhibit-43. 2. The Official Liquidator has informed the Court that it will be difficult for his Office to continue to be in possession of the properties as Receiver and that the Debt Recovery Tribunal should be pleased to appoint an independent Receiver of the properties forming security of such secured creditors. 3. In my view, the Official Liquidator is correct in his submission. However, in the instant case, since the order has already been passed, the application is made absolute in terms of prayer clause (a), subject to the applicant paying costs, charges and expenses of the Official Liquidator. 4. Company application is accordingly disposed of. [ S.J.KATHAWALLA, J. ]