M/S Bhaskar Exxoils Ltd v. Dalmia Consumer Care Pvt Ltd & Others

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 7.

+ ARB.P. 450/2014 BHASKAR EXXOILS LTD.

..... Petitioner Through: Mr. Adarsh Tripathi and Mr. Akshay Srivastava, Advocates.

versus DALMIA CONSUMER CARE PVT LTD & ORS. .... Respondents Through: Ms. Maneesha Dhir, Mr. K.P.S. Kohli and Mr. Milan Singh Negi, Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 04.10.2016

1. An adjournment is sought on behalf of the Petitioner.

2. It is seen that on 28th April 2015 the Court was informed that the Official Liquidator has been appointed as Provisional Liquidator of the Respondent company in Company Petition No. 66 of 2008.

3. Learned counsel for the Respondents states that the said company petition is still pending and to the best of his knowledge no steps have been taken by the Petitioner to seek permission of the Company Court to continue the present petition.

4. It is seen that on 10th September 2015 time was sought for that purpose by ARB.P. 450/2014

the Petitioner. Thereafter there have been three dates with Petitioner not informing the Court of having applied to the Company Court.

5. In these circumstances, the Court does not consider it necessary to grant any further indulgence to the Petitioner.

6. The petition is disposed of with liberty to the Petitioner to file a fresh petition in accordance with law as and when permission is obtained from the Company Court. The contentions of the Respondents are left open to be urged at the appropriate stage.

S. MURALIDHAR, J OCTOBER 04, 2016 dn ARB.P. 450/2014