ARAMBHAN HOSPITALITY SERVICES LTD. Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) Official Liquidator of M/s. GOL Offshore Limited (in liquidation) has filed OLR No. 139 of 2018 under Section 536 (2) of the Companies Act , 1956 inter-alia praying for a declaration that the transaction of payments made by M/s. GOL Offshore Limited (in liquidation) through director of the company (in liquidation) to M/s. Arambhan Hospitality Services Limited during the period between 10th October, 2016 and 14th June, 2017 are void and seeks direction against the M/s. Arambhan Hospitality Services Limited to refund Rs.4,07,99,612/- to the official liquidator.

(2.) Company Application (L) No. 89 of 2019 is filed by M/s. Arambhan Hospitality Services Limited inter-alia praying for an appropriate order and direction under Section 536(2) of the Companies Act, 1956 declaring that the consent terms dated 24th October, 2016 in Commercial Admiralty Suit (L) No. 69 of 2016 is valid, subsisting and binding on the parties in the suit and to ratify the same and also the payment of Rs.4,07,99,612/- made by the M/s.GOL Offshore Limited (in liquidation) be ratified. By consent of parties, the official liquidator report and the company application filed by M/s. Arambhan Hospitality Services Limited were heard together and are being disposed off by a common order. Some of the relevant facts for the purpose of deciding these two proceedings are as under:-

(3.) It is the case of the M/s. Arambhan Hospitality Services Limited (for the sake of convenience referred to as "the Applicant") that on 27 th July, 2009, the applicant and the company in liquidation entered into a contract for catering and house keeping services for the vessel Malaviya Thirty Six for a period from 1st April, 2009 to 31st March, 2012. Another contract was executed between the two parties on the same date. On 22 nd June, 2001, the applicant and the said company in liquidation entered into an agreement for catering services for a period from 15th December, 2010 to 31st March, 2012. On 1st October, 2012, the applicant and the company in liquidation entered into an agreement for catering and house keeping services for the said vessel Malaviya Thirty Six from 1st April, 2012 to 31st March, 2015. Three other contracts were executed between the parties on the same date. It is the case of the applicant that the applicant had raised various invoices on the said company in liquidation during the period between 26th August, 2014 to 30th June, 2016.