BIDHU BOBY VARGHES v. THE OFFICIAL LIQUIDATOR

- 1) directing the Registry of this Hon'ble Court to post the cases that are made mention of in Annexure A1 and all other pending cases against the Company and by the Company, if any, before the bench; 2) pass appropriate orders on each of the cases so posted; 3) grant such other reliefs as could be granted in the nature and circumstances of the case.” MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 2 This Misc. Company Application coming on for orders on this day upon hearing Sri.K.K.John, Advocate for the Applicant and Sri.K.Moni, Standing Counsel for the Official Liquidator, the Court passed the following: MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Report No.72/2004 in C.P. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Report filed by the Official Liquidator praying for an order that this Hon'ble Court may be pleased to:- a) direct the Munsiff Court, Ernakulam to make over all the suits expeditiously to the company court for disposal during the winding up proceedings. b) order that the attachment effected by the plaintiffs on the property

described at Lot No.I, the Plaintiffs therein who are only unsecured creditors entitled to any relief only on discharge of secured creditors for equitable distribution. c) direct the Sub Registrar Office, Ernakulam to entertain the assignment deed irrespective of the attachment mentioned in the Encumbrance Certificate as and when the Official Liquidator presents the assignment deed to be executed and registered in favour of the successful bidder. d) Pass such other order or orders as may be deemed fit and proper in the premises of the case. This Report coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd.

(in Liquidation) Co.Appl. No.848/2008 in C.C.No.26/2001 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant:- K.P.Thankachan, Kurisingal House, Kandakkadavu, Cochin – 8. Respondent:- M/s.St.Mary's Finance Ltd. (In Liquidation), rep. by the Official Liquidator, High Court of Kerala. Company Application filed under Rule 9 of the Companies Court Rules filed by the Applicant above named praying that this Honourable Court may be pleased to issue an order posting the above Company Claim for evidence and final orders on a near date. This Company Application coming on for orders on this day upon hearing Sri. Dinesh R.Shenoy, Advocate for the Applicant, Smt.S.Jasmine, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of St Mary's Finance Ltd.

(in Liquidation) Co.Appl. No.858/2008 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant:- Sonia Marshal, aged 51, W/o.Salim Marshal, Arackal House, Kandakkadavu, Cochin – 8. Respondent:- St.Mary's Finance Limited (In Liquidation), represented by the Official Liquidator/ Special Officer, High Court of Kerala, Company Law Bhavan, Cochin – 21. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicant above named praying for an order to condone the delay of 1899 days in filing the affidavit of proof of debt and to receive claim as per annexure A4 by the Official Liquidator/Special Officer of the High Court of Kerala, in the matter of St.Mary's Finance Ltd. In Liquidation. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 6 This Company Application coming on for orders on this day upon hearing Smt.

Rosamma Mathew, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of St Mary's Finance Ltd. (in Liquidation) Co.Appl. No.859/2008 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicants:-

N.O.George, aged 65 years, S/o.Ouseph, Nedumparambil House, Nettoor P.O., Maradu Village, Kanayannoor Taluk.

A.B.Alphonsa, aged 58 years, W/o.N.O.George, Nedumparambil House, Nettoor P.O., Maradu Village, Kanayannoor Taluk. Respondent:- St.Mary's Finance Ltd. (In Liquidation), represented by the Official Liquidator, High Court of Kerala, Company Law Bhavan, Cochin – 21. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicants above named praying for an order to condone the delay of 1899 days in presenting the affidavit of proof of debt by the applicants before the MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 8 Official Liquidator/Special Officer, High Court of Kerala, Ernakulam in the matter of St.Mary's Finance Ltd. (ii) order directing the Official Liquidator to receive Annexure A4 affidavit of proof of debt. This Company Application coming on for orders on this day upon hearing Smt. Rosamma Mathew, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd. (in Liquidation) Co.Appl. No.46/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant/Petitioner:- Rani John Vilangadan, aged 54 years, W/o.John, Vilangadan House, B.T.S. Road, Edappally. Respondents/Respondents:-

1. M/s.St.Mary's Finance (In Liquidation), Represented by Official Liquidator, High Court of Kerala, Ernakulam.

2. The Official Liquidator, High Court of Kerala, Company Law Bhavan, 3rd Floor, Thrikkakara P.O., Kochi – 682 021. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 10 Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the applicant above named praying for an order that the Respondents be directed to take the claim of the petitioner for adjudication, in the interest of justice. This Company Application coming on for orders on this day upon hearing Sri. Adeep Anwar, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of St Mary's Properties Ltd. Co.Appl. No.47/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant:- V.Suganghalal, Pallithrikovil Madom, Vytila, Cochin – 19. Respondent:-

1. Special Officer, (St.Mary's Finance Ltd) High Court of Kerala, Ernakulam.

2. Official Liquidator, High Court of Kerala.

Boby Varghese, Director, St.Mary's Finance Ltd. Ernakulam. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicant above named praying for an order that the company represented by the Special Officer – St.Mary's Finance Ltd., High court of Kerala be directed to MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 12 withdraw/drop the proceedings for recovery of the preferential payments made to certain creditors. This Company Application coming on for orders on this day upon hearing Sri. Jacob Mathew Manail, Advocate for the Applicant and Sri.K.Moni, Standing Counsel for the Official Liquidator, Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 13 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Report No.109/2009 in C.P. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1945 Report filed by the Official Liquidator praying for an order that this Hon'ble Court may be pleased to:- a) permit the Official Liquidator to amend the list of creditors filed before this Hon'ble Court on 09.02.05, 23.03.05, 30.03.05, 30.09.05, 17.10.05, 21.10.05,

27.10.05, 14.12.05 and 02.08.06 as certified list of proof tendered to admitted to or rejected by adding the names and particulars of 8 creditors which were subsequently settled by the Official Liquidator which is annexed herewith as Annexure 'A' and First part of debts and claims admitted wholly or in part which is annexed herewith and marked as Annexure 'B' as serial No.2222 to 2229 amounting to Rs.4,85,300 and 2 nd part, debts and claims rejected as Annexure 'C'. b) Treat the list of creditors which is attached to this Report as Annexure 'B' as part of the first part and Annexure 'C' as part of the second part of the original list of creditors in Form No.71 filed by the Official Liquidator on various dates. 3) Pass such other order or orders as may be deemed fit and proper in premises. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 14 This Report coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd. (in Liquidation) Co.Appl. No.112/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicants:-

1. Kurian James, aged 47 years, S/o.Dr.M.K.James, Mooleplackal House, 3E West Gate Terrace, Pandit Kuruppan Road, Thevara, Cochin – 682 013.

2. Meera Kurian, aged 40 years, W/o.Kurian James, Mooleplackal House, 3E, West Gate Terrace, Pandit Kuruppan Road, Thevara, Cochin – 682 013.

3. Ursita Kurian, aged 12 years, D/o.Kurian James, Mooleplackal House, 3E, West Gate Terrace, Pandit Kuruppan Road, Thevara, Cochin – 682 013. represented by her natural Guardian and next friend Kurian James. Respondent:- St.Mary's Finance Ltd. (In Liquidation), Mullassery Canal Road, Ernakulam, MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 16 Cochin – 35, represented by the Official Liquidator/ Special Officer, Company Law Bhavan, Trikkakara, Cochin – 21. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicants above named praying for an order to condone the delay of 1974 days in filing the claim applications as per Annexures A6, A7 & A8 and may order to receive the claim as per Annexures A6, A7 & A8. This Company Application coming on for orders on this day upon hearing Smt. Rosamma Mathew, Advocate for the Applicants, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 17 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd. (In Liquidation) Co.Appl. No.115/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant/Petitioner:- Rebeca Francis, 582-4th Block, 2nd Cross, 12th Main, Koramangala, Bangalore, Karnataka State. Respondents/Respondents:-

1. M/s.St.Mary's Finance Ltd. (In Liquidation), Nedumchalil Buildings, Mullassery Canal Road, Cochin – 11.

2. Bobby Varghese, Director, M/s.St.Mary's Finance Ltd. (In Liquidation), Residing at: Maria, Padivattom, Ernakulam.

3. The Official Liquidator, The High Court of Kerala, Ernakulam. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 18 Company Application under Section 460(6) of the Companies Act, 1956 r/w Rule 164 of the Companies (Court) Rules, 1959 filed by the Applicant above named praying for an order that;- i. The applicant is a creditor of the respondent company to the extent of Rs.8,05,000/-. ii. To pay to the applicant amounts due to as a valid creditor of the company. This Company Application coming on for orders on this day upon hearing M/s.Indu Susan Jacob, Nisha John, Paul Jacob (P) & Roshen D.Alexander, Advocates for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 19 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of St Mary's Finance Ltd.

Co.Appl. No.146/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant:- Deepu Joy, aged 28 years, S/o.Late C.J.Joy, Chirakkaparambil House, Lissie Hospital Road, Pullepady, Cochin – 18, Represented by Power of Attorney Holder C.J.Pious. Respondent:- St.Mary's Finance, represented by Official Liquidator, High Court of Kerala. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicant above named praying for an order that this Hon'ble Court may be pleased to direct the respondent to condone the delay of 2013 days in preferring the claim and to pay an amount of Rs.18,000/- as specified in Annexure A with interest from the date of deposit till the date of payment or such other amount has been fixed by this Hon'ble Court, forthwith. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 20 This Company Application coming on for orders on this day upon hearing Sri.A.P.Subhash, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 21 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of St Mary's Finance Ltd.

Co.Appl. No.163/2009 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicant:- John Sunith @ Sunith John, aged 37 years, S/o.Late Eugine George, Konnully House, Ettukattil Temple Road, Elamakkara – 26, Ernakulam District, Represented by Power of Attorney Holder Sujith Jacob. Respondent:- St.Mary's Finance Ltd., represented by Official Liquidator/ Special Officer, High Court of Kerala. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicant above named praying for an order that the Hon'ble Court may be pleased to condone the delay of 1992 days in preferring the claim before the respondent and further be pleased to direct the respondent to pay an amount of Rs.34,000/- as specified in Annexure A and B with interest from the date of deposit till the date of payment, forthwith.

MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 22 This Company Application coming on for orders on this day upon hearing Sri.A.P.Subhash, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 23 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Report No.3/2010 in Report 7 in C.P. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Report filed by the Special Officer appointed by this Hon'ble Court by an order dated 04.03.2008 in C.A. No.189/08 in C.P. No.18/99 This Report coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 24 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Report No.4/2010 in Report 7 in C.P. No.18/1999 Before: The Honourable Mr.

Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Report filed by the Special Officer praying for an order that this Hon'ble Court may be pleased to record full satisfaction in settling the debt in the cases mentioned from page 6 to 8 in Report 4/10 in Report 7 in CP 18/99 and the cases may be closed as settled. This Report coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 25 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd. (in Liquidation) Co.Appl. No.354/2010 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Applicants:- Dixeena Prince & David Prince, P.O.Box No.81, Kodaikanal – 624 101, Tamilnadu, represented by their Power of Attorney Holder T.Markose Correa, S/o.Late Thomas Correa, Delson Dale, Thamarakkulam, Ganapathi Nagar – 73, Kollam District.

Respondent:- St.Mary's Finance Ltd. (In Liquidation), represented by the Official Liquidator, High Court of Kerala at Ernakulam. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Applicants above named praying for an order to direct the respondent to pay the amount of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) being the amount deposited by the applicants above named in the respondent Company with interest @ 20% per annum from the date of deposit on 21-01-1997 till the date of payment by impleading the applicants in the above company petition. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 26 This Company Application coming on for orders on this day upon hearing Sri.C.K.Sajeev, Advocate for the Applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 27 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Co.Appl.

No.804/2010 in RP No.1078/2010 in Co.Appl. No.353/2010 Co.Pet. No.18/1999 Before: The Honourable Mr.Justice A.MUHAMED MUSTAQUE Wednesday, the 12 th day of June, 2024/22 nd Jyaishta, 1946 Review Petitioners/Petitioners/Applicants:- Dixeena Prince & David Prince, Represented by their Power of Attorney Holder T.Markose Correa. Respondents/Respondents/Respondents:- M/s.St.Mary's Finance Limited (In Liquidation), represented by the Official Liquidator. Company Application under Section 5 of the Limitation Act, filed by the applicants above named praying for an order to condone the delay of 105 days in filing the review of the order dated 14.07.2010 in C.A. No.353 of 2010 and for the extension of time in preferring the claim petition before the Official Liquidator. This Company Application coming on for orders on this day upon hearing Sri.C.K.Sajeev, Advocate for the applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 28 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St.Mary's Finance Limited (In Liquidation) Co.Appl.

No.805/2010 in RP No.1078/2010 in Co.Appl. No.353/2010 Co.Pet. No.18/1999 Before: The Honourable Mr.Justice A.MUHAMED MUSTAQUE Wednesday, the 12 th day of June, 2024/22 nd Jyaishta, 1946 Review Petitioners/Petitioners/Applicants:- Dixeena Prince & David Prince, Represented by their Power of Attorney Holder T.Markose Correa. Respondents/Respondents/Respondents:- M/s.St.Mary's Finance Limited (In Liquidation), represented by the Official Liquidator. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the applicants above named praying for an order to review the order dated

14.07.2010 in C.A. No.353 of 2010 and for the extension of time in preferring the claim petition before the Official Liquidator. This Company Application coming on for orders on this day upon hearing Sri.C.K.Sajeev, Advocate for the applicant, Sri.K.Moni, Standing Counsel for the Official Liquidator & Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 29 IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction) In the matter of the Companies Act, 1956 In the matter of M/s.St Mary's Finance Ltd. (in Liquidation) Co.Appl. No.635/2011 in Co.Adj. Appeal No.2/2011 in Co.Pet. No.18/1999 Before: The Honourable Mr. Justice A.MUHAMED MUSTAQUE th day of June, 2024/22 Wednesday, the 12 nd Jyaishta, 1946 Appellant/Petitioner:- Rani John Vilangadan, Aged 54 years, W/o.John, Vilangadan House, B.T.S.Road, Edappally. Respondents/Respondents:

1. M/s.St.Mary's Finance Ltd. (In Liquidation), Represented by Official Liquidator, (Special Officer), High Court of Kerala, Ernakulam.

2. The Official Liquidator, High Court of Kerala, Company Law Bhavan, 3rd Floor, Thrikkakara P.O., Kochi – 682 021. Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the Petitioner above named praying for an order that the Respondent be directed to pay an amount of Rs.5,00,000/- to the petitioner and also to set aside the orders MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 30 of the 2nd respondent, Annexure A3 dated 11/08/2008 bearing No.SI/C.P.No. 50/ 00/ F.8/7339/2008, Annexure A6 letter dated 25/08/2009 bearing No.TSI/CP/18/99/Claim No.2554/7589/2009 and Annexure A8 notice dated 23/09/2010 and bearing No.TSI/CP No.18/99/CL.No.2554/12652/2010. This Company Application coming on for orders on this day upon hearing Smt. K.Jasmin Baby and Smt.K.S.Sumitha, Advocates for the Petitioner, Sri.K.Moni, Standing Counsel for the Official Liquidator and Sri.K.K.John, Advocate for the present Managing Director of the Company, the Court passed the following:- MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 31 A.MUHAMED MUSTAQUE, J. ------------------------------------------------------------- MCA No.9 of 2023 In Co.Pet. No.18 of 1999, Report No.72 of 2004 In Co.Pet. No.18 of 1999, Co.Appln. No.848 of 2008 In CC No.26 of 2001, Co.Appln. No.858 of 2008 In Co.pet. No.18 of 1999, Co.Appln. No.859 of 2008 In Co.pet. No.18 of 1999, Co.Appln. No.46 of 2009 In Co.Pet. No.18 of 1999, Co.Appln. No.47 of 2009 In Co.Pet. No.18 of 1999, Report No.109 of 2009 In Co.Pet. No.18 of 1999, Co.Appln. No.112 of 2009 In Co.Pet. No.18 of 1999, Co.Appln. No.115 of 2009 In Co.Pet. No.18 of 1999, Co.Appln. No.146 of 2009 In Co.Pet. No.18 of 1999, Co.Appln. No.163 of 2009 In Co.Pet. No.18 of 1999, Report No.3 of 2010 In Co.Pet. No.18 of 1999, Report No.4 of 2010 In Co.Pet. No.18 of 1999, Co.Appln. No.354 of 2010 In Co.Pet. No.18 of 1999, Co.Appln. No.804 of 2010 In RP No.1078 of 2010, Co.Appln. No.805 of 2010 In RP No.1078 of 2010, Co.Appln. No.635 of 2011 In Co.Adj. Appeal No.2 of 2011 ------------------------------------------------------------ Dated this the 12th day of June, 2024

O R D E R This MCA No.9/2023 was filed seeking the following reliefs;

1) directing the Registry of this Hon'ble Court to post the cases that are made mention of in Annexure A1 and all other pending cases against the MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 32 Company and by the Company, if any, before the bench; 2) pass appropriate orders on each of the cases so posted; 3) grant such other reliefs as could be granted in the nature and circumstances of the case.

2. As revealed from the application, in the website, pendency of cases are shown as against St.Mary's Finance Ltd. This is how this application was moved. All the cases have been listed. It is submitted by the learned Senior Counsel that the creditors are satisfied. MCA No.9/2023 and all other company applications stand disposed of in the light of satisfaction of discharge of liability due to the creditors. Sd/- A.MUHAMED MUSTAQUE JUDGE MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 33 Appendix in MCA No.9/2023 in Co.Pet. No. 18/1999 Annexures Annexure A1:- List of cases found to be pending as per the data collected from the website of this Hon'ble Court. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 34 Appendix in Co.Appl. No. 858/2008 in Co.Pet. No. 18/1999 Annexures Annexure A4:- True photostat copy of the affidavit of proof of debt dated 24- 11-2008 by the applicant. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 35 Appendix in Co.Appl. No. 859/2008 in Co.Pet. No. 18/1999 Annexures Annexure A4:- True photostat copy of the affidavit of proof of debt dated

21.11.2008. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 36 Appendix in Report No.109/2009 in Co.Pet. No. 18/1999 Annexures Annexure A:- Certified list of proof tendered to admitted or Rejected by the Official Liquidator. Annexure B:- Debts and claims admitted wholly or in part – First Part. Annexure C:- List showing the claims wholly rejected – Second Part. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 37 Appendix in Co.Appl. No.112/2009 in Co.Pet. No.18/1999 Annexures Annexure A6:- True photostat copy of the affidavit of proof of debit dated

09.02.2009 of the 1st applicant. Annexure A7:- True photostat copy of the affidavit of proof of debit dated

09.02.2009 of the 2nd applicant. Annexure A8:- True photostat copy of the affidavit of proof of debit dated

09.02.2009 of the 3rd applicant. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 38 Appendix in Co.Appl. No.146/2009 in Co.Pet. No. 18/1999 Annexures Annexure A: A true copy of the Receipt No.2610/SMFD 18923/98 dated

15.12.1998. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 39 Appendix in Co.Appl. No.163/2009 in Co.Pet. No. 18/1999 Annexures Annexure A:- A true copy of the Receipt No.2581/SMFD 17255/98 dated

29.09.1998. Annexure B:- A true copy of the Receipt No.2611/SMFD 18924/98 dated

15.12.1998. MCA No.9 of 2023 IN C.P.No.18 of 1999 and connected cases 40 Appendix in Co.Appl. No.635/2011 in Co.Adj. Appeal No.2/2011 in Co.Pet. No.18/1999 Annexures Annexure A3:- True copy of the notice dated 11/08/2008 bearing No. TSI/ C.P. No.50/ 00/F.8/7339/2008. Annexure A6:- True copy of the notice bearing No:TSI/C.P/18/99/Claim No. 2554/7589/ 2009 dated 25/08/09. Annexure A8:- True copy of the notice bearing No:TSI/CP No.18/99/CL. No. 2554/12652/ 2010 dated 23.09.2010.