BENU BERRY Vs. JVG FINANCE LTD

JUDGEMENT

(1.) The appeal impugns the order dated 23.01.2012 of the Company Judge dismissing the Company Appeal (SB) 37/2009 preferred by the appellant against the order dated 17.03.2006 of the Committee constituted by the learned Company Judge vide order dated 22.07.2004 in Company Petition No.265/1998 to verify the claims preferred before the Official Liquidator relating to the immovable properties of M/s JVG Finance Ltd. (under liquidation).

(2.) The appellant had preferred a claim with respect to Flat bearing No.202, admeasuring 882 sq. ft. on the Second Floor in B-Wing of Panch Mukhi Cooperative Housing Society Ltd. on the plot of land bearing C.T.S. No.1202/A of Yari Road, Panch Marg opposite Fisheries Institute, Versova village, Andheri (West), Mumbai-400061.

(3.) It is not in dispute that the flat aforesaid was owned by and in possession of the company in liquidation. The company was ordered to be wound up on 05.06.1998 and the Official Liquidator was appointed as the Provisional Liquidator of the company and directed to take charge of the assets of the company.