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Bombay High CourtCAO/162/2018allowed

The Maharashtra State Textile Corporation Ltd. v. Mantri Realty Ltd. (Formarly Known As Sunil Mantri Realty Ltd.)Through Its Authorized Signatory

2018-07-06Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

902.162.18-cao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.162/2018 IN CIVIL APPLICATION NO.62/2014 IN CROSS OBJECTION (ST) NO.6703/2014 IN FIRST APPEAL NO.17/2014 The Maharashtra State Textile Corpn Ltd.

... Applicant Digitally signed by Basavraj Gurappa Patil Date:

2018.07.10 15:16:48 +0530 In the matter between :

Basavraj Gurappa Patil Mantri Realty Ltd. (Formerly known as Sunil Mantri Realty Ltd.) ... Appellant Vs.

The Maharashtra State Textile Corpn Ltd.

... Respondent Mr. Uday Mahajan i/b. M/s. Divekar & Co. for the Applicant Mr. Pola Raghunath, Dy. Official Liquidator Mr. Satish Raut, Advocate for the Official Liquidator

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JULY 6, 2018 P.C. :

Heard. This Application is made by the original Respondent Defendant for carrying out amendment in Civil Application No.62/2014 as well as in cross objection to bring on record the Official Liquidator.

Basavraj G. Patil 1/2

902.162.18-cao.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, we are satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed.

a.

Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That the Applicant be permitted to delete in the title of the cross objection (ST) No.6703 of 2014 of the Applicant as well as in Civil Application No.62 of 2014 the name and description of the Appellant Mantri Realty Limited and substitute in its place the name of the Official Liquidator, High Court Bombay, the Liquidator of Mantri Realty Limited, having his office at 5th floor, Bank of India, M.G. Road, Fort, Mumbai."

b.

The Applicant to carry out amendment within a week from today.

c.

Civil Application stands disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2