The Joint and Several Liquidators of Days Impex Limited (in Liquidation) v. Mahesh Nanik Dayaram

HCCW 298/2011 & HCCW 299/2011
(HEARD TOGETHER)

[2023] HKCFI 2054

HCCW 298/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 298 OF 2011

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IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 299 OF 2011

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(HEARD TOGETHER)

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D E C I S I O N

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1.I have a summons before me issued in both winding-up petition: HCCW 298/2011 and HCCW 299/2011 seeking an extension of the time for the Respondent Mr Dayaram to file his evidence in opposition to the Liquidators’ applications. The last order that I made on 31 March 2023was an Unless Order.

2.Mr Chen has identified a number of technical deficiencies in the application Mr Dayaram is representing himself. Notwithstanding the matters identified by Mr Chen I will extend time until 21 August 2023.  I would emphasise and have emphasised to Mr Dayaram in court that he should assume that unless he files his affirmation in accordance with the new direction he will not be able to file an affirmation in opposition to the Liquidators’ summonses.

3.The order that I make will be in the followings terms. Notwithstanding the order of 31 March 2023, there be an order that unless the Respondent file and serve his evidence in opposition to the Liquidators’ summonses by 5pm on 21 August 2023, he be barred from filing an affirmation in opposition.

4.The remainder of the order will be in the same terms as the summonses.  The summonses were listed to be heard at the same time as the case management conference arranged for today.  There is no need for me to make any directions in respect of case management issues other than the one I have just dealt with, save that the costs of the case management conference be costs in the cause.

Mr David Chen, instructed by Stephenson Harwood, for the liquidators (for both actions)

Mr Mahesh Nanik Dayaram appeared in person (for both actions)

Official Receiver was not represented and did not appear