Case No: CR-2020-003131

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS

INSOLVENCY AND COMPANIES LIST (ChD)

BEFORE: DEPUTY INSOLVENCY & COMPANIES COURT BARNETT DATED: 29 JULY 2020

IN THE MATTER OF GM CONTRACTS LIMITED IN COMPULSORY LIQUIDATION AND OTHERS

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

BETWEEN SITUL DEVJI RAITHATHA

APPLICANT

AND DEVIESH RAMESH RAIKUNDALIA

RESPONDENT

DRAFT/ ORDER

UPON the application of the Applicant dated 21 July 2020

AND UPON reading the witness statement of the Applicant dated 20 July 2020

AND UPON reading the letter of consent of the Respondent dated 20 July 2020

IT IS HEREBY ORDERED THAT:

1. The Insolvency appointments set out in the attached Schedule to this Order (the “Schedule”) in respect of which the County Court currently has jurisdiction be transferred to the High Court of Justice, Business and Property Court, Insolvency and Companies List (ChD) for the purpose of this application only pursuant to Rule 12.37(1)(a) of the Insolvency (England and Wales) Rules 2016 (the “Rules”).

2. In relation to the compulsory liquidations identified at Part 1 of the Schedule the Respondent be removed from the office as Joint Liquidator with effect from 31 July 2020 pursuant to Section 172(2) of the Insolvency Act 1986 (the “Act”) and Rule 12.37(1)(c) of the Rules.

3. In relation to the members voluntary liquidations identified at Part 2 of the Schedule the Respondent be removed from the office of Joint Liquidator with effect from 31 July 2020 pursuant to Section 108 of the Act and Rule 12.37(1)(c) of the Rules.

4. In relation to the creditors voluntary liquidations identified at Part 3 of the Schedule the Respondent be removed from the office of Joint Liquidator with effect from 31 July 2020 pursuant to Section 108 of the Act and Rule 12.37(1)(c) of the Rules.

5. In relation to the bankruptcies identified at Part 4 of the Schedule the Respondent be removed from the office as Joint Trustee in Bankruptcy with effect from 31 July 2020 pursuant to Section 298 of the Act and Rule 12.37(1)(c) of the Rules.

6. In relation to the Administrations identified at Part 5 of the Schedule the Respondent be removed from the office of Joint Administrator with effect from 31 July 2020 pursuant to paragraph 88 of Schedule B1 of the Act and Rule 12.37(1)(c) of the Rules.

7. The insolvency appointments set out in the Schedule be transferred back to the County Court from which they were transferred.

8. The Applicant shall as soon as reasonably practicable and in any event within 28 days of the date of the Order give notice of this Order by advertisement in the London Gazette and at the time of the next statutory reporting required to all creditors of the matters listed in the Schedule, the Secretary of State and in respect of the Companies in the Schedule to the Registrar of Companies.

9. The Applicant shall as soon as reasonably practicable and in any event within 28 days of the date of the Order, lodge a sealed copy of the Order at any District Registry or County Court where a case is listed in the Schedule is pending.

10. Any creditor, or, in the case of any members' voluntary liquidation, any member, in respect of any of the companies or persons listed in the Schedule who has an objection to the Order shall have 21 days from the date of the advertisement placed in the London Gazette to apply to Court to set aside or vary the terms of this Order. Such application shall not affect the transfer of the Block Transfer Cases until further or other Order by the Court.

11. The remuneration and the costs and expenses incurred by the Applicant and/or the Respondent in connection with this Application and the implementation of this Order which are referrable to this Application generally be divided equally between all the matters listed in the Schedule and that the same by paid in the ordinary way as remuneration or as a costs and expense of the officeholder of each matter. The costs and expenses chargeable to each matter not to exceed the sum of £80 plus VAT.

12. The Respondent shall receive his release as Liquidator, Trustee in Bankruptcy and Administrator (as appropriate) 28 days after filing notice of his removal with the Registrar of Companies or the giving of notice to creditors in accordance with this Order in any other case in accordance with paragraph 8, save that such release may be subject to further Order in the event of an application by any creditor or member under paragraph 10 of this Order for the specific case subject to that application.

13. The need for service be dispensed with.

For the avoidance of doubt, in respect of all of the appointments on the Schedule, Deviesh Ramesh Raikundalia has been removed from office and Situl Devji Raithatha is the remaining appointee.

THE SCHEDULE

Part 1. Compulsory Liquidations

Part 2. Members' Voluntary Liquidations

Part 3. Creditors' Voluntary Liquidations

Part 4. Bankruptcies

Part 5. Administrations