[2019]DLHC7167 • February 26, 2019 • High Court
IN THE MATTER OF A PETITION BY GLENCORE ENRGY UK LIMITED, A CREDITOR FOR THE OFFICIAL WINGING UP OF HASK OIL COMPANY LIMITED UNDER SECTION 4 OF THE BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180) AND IN THE MATTER OF SECTION 4 OF THE BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180) BETWEEN GLENCORE ENERGY UK LIMITED (PETITIONER/APPLICANT) AND HASK OIL COMAPY LIMITED (RESPONDENT/RESPONDENT)
On the 16th March, 2017,the Petitioner in this case filed the present petition for the official liquidation of the Respondent Company under Section 4 of the Bodies Corporate (Official Liquidations) Act, 1963 (Act 180). The Respondent filed an answer to the petition on the 21st April, 2017. Subsequently, the Petitioner filed a reply to the Respondent’s answer to the petition on the 4th May, 2017. On the 12th November, 2018, the Petitioner filed an application for leave to amend the petition by revising the storage costs stated in the affidavit from USD95,700.00 to USD66,000.00 and further to revise the total quantum of the debt from USD535,587.50 to USD505,887.50. It is observed that prior to the said application for leave to amend, the Respondent had on the 29th September, 2017, filed a notice to produce certain documents, namely; a copy of the hedging contract the Petitioner entered into on the transaction; a copy of the storage contract on the storage of the products on behalf o.....