1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No.268 of 2009 in Company Petition No. 895 of 1998 B.I.F.R. ..Petitioner and Ramesh Siddeshwar Nagre ..Applicant vs. 1 The Official Liquidator and others ..Respondents Mr.C.N.Mehta forapplicant Mr.V.P.Sawant for Official Liquidator O.L. Present. CORAM: S.J.KATHAWALLA J. 15 th October, 2009 P.C. 1 Following order is passed in the company application and Liquidator s report filed in the company application. i) The present security services i.e. Bhagwati Allied Services shall stand discharged on and from Monday the 19 th September, 2009. The applicants in company 2 application no.1683 of 2008 shall take inventory of the machinery and/or other movables lying at the factory premises on Saturday the 17 th September, 2009 when the representative of the security guard agency as well as the Official Liquidator shall remain present. ii) This order will not absolve the security agency M/s Bhagwati Allied Services of any claim that the liquidator may have against the said agency including but not restricting to claim for not having provided proper security resulting into thefts during the period when the contract between the Official Liquidator and M/s Bhagwati Allied Services was in subsistence. iii) In the event of the Official Liquidator making any claim/s against M/s Bhagwati Allied Services, all contentions of M/s Bhagwati Allied Services are kept open. iv) The Receiver shall write to M/s Dena 3 Bank, the lead secured creditor, (with copies to all secured creditors) informing them that the present security agency M/s Bhagwati Allied Services have obtained a discharge from this Court with effect from 19 th October, 2009 from securing the properties of the company in liquidation and that they should take appropriate steps to provide security and guard/protect the properties of the company in liquidation and that the Official Liquidator shall in no way be responsible in the event of any thefts pertaining to the properties of the company in liquidation. 2 The company application no.268 of 2009 is accordingly disposed of. (S.J.KATHAWALLA J.)