1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 1250 OF 2009 IN COMPANY PETITION NO. 250 OF 2009 In the matter of Section 433 and Section 434 of the Companies Act, 1956; And In the matter of ANR Infrastructure Pvt.Ltd. having its office at 47/396, Unnat Nagar CHSL-2,Off. S. V. Road, Goreagon (W), Mumbai – 400 062. .. Company M/s. Jaysagar Construction Co. & Anr. .. Applicants/ Org. Petitioners V/s. ANR Infrastructure Pvt. Ltd. .. Respondents .... Mr. N. R. Modi a/w. Mr. Cyrus Ardheshir i/b. M/s. Rustomji & Ginwala for the Applicants. Ms. Prerna Kshirsagar i/b. Mr. P. V. Nichani for Respondent. .... 2 CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 13, 2010. P.C. The present Application is filed by the Petitioners for appointment of a Provisional Liquidator in respect of the Respondent Company with all powers under the Provisions of Companies Act, 1956 including power to take charge of the assets and properties of the company. 2. By an order of this Court dated 3rd July, 2009, passed ex-parte in the above company petition, the Respondents were directed to deposit an amount of Rs. 11,00,000/- in Court within four weeks from 3rd July, 2009, failing which, the Company Petition was to stand admitted and the Petitioners to proceed to advertise the admission of the Petition. 3. Thereafter, the Respondent company took out Company Application No. 802 of 2009 for setting aside the exparte conditional order dated 3rd July, 2009; for permission to file reply to the Company Petition; and hearing of the Company 3 Petition on merits. In the said Application, a conditional order dated 12th August, 2009 came to be passed directing the Respondent Company to deposit an amount of Rs. 11,00,000/- on or before 23rd September, 2009. The said order provided that in the event of the Respondent Company failing to deposit the amount of Rs. 11,00,000/- on or before 23rd September, 2009, the order dated 3rd July, 2009 earlier passed by this Court will continue to be in force and the Petitioners shall proceed to take further steps as per the directions given in the said order. The Respondent Company failed to deposit the said amount of Rs. 11,00,000/- on or before 23rd September, 2009, and also to deposit the sum upto the extended time i.e. upto 1st October, 2009. Thereafter, the Petitioners have advertised the Petition. 4. The Petitioners have now taken out the present Application for appointment of Provisional Liquidator of the Respondent Company. The reasons why the appointment of Provisional Liquidator is necessary are set out in paragraph No. 8 of the Application. The Respondent Company has not filed any reply to the Application, though, they were served on 7th December, 2009. The allegations made in the Application have 4 therefore gone unchallenged. No arguments are advanced across the bar against granting of the reliefs sought in the Application. 5. In view thereof, the Company Application is allowed in terms of prayer clauses (a). Prayer clause (b) is granted until the Liquidator takes possession of the assets and properties of the Petitioners. 6. The Company Application is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]