M/S Gulf Oil Lubricants India Ltd Through Ajit Salvi v. Bijay K. Jaiswal And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1584 OF 2016 IN CRIMINAL APPEAL NO.763 OF 2008 AND CRIMINAL APPLICATION NO.1586 OF 2016 IN CRIMINAL APPEAL NO.777 OF 208 M/S.GULF OIL LUBRICANTS INDIA LTD.

)...APPLICANT

IN THE MATTER BETWEEN

GULF OIL CORPORATION LTD.

)...APPELLANT V/s.

BIJAI K. JAISWAL AND ANR.

)...RESPONDENTS Ms.Trupti Khamkar i/b. Mr.S.V.Marwadi, Advocate for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

14th MARCH 2017.

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P.C. :

Criminal Application No.1584 of 2016 is taken on board upon being mentioned as connected Criminal Application bearing no.1586 of 2016 is on today's daily board and identical orders are required to be passed in both the applications. Heard the learned advocate appearing for the applicant / appellant. It is seen that during pendency of the appeals challenging acquittal of the respondent, the appellant - Company in pursuant to the order passed in the Company Petition came to be merged and M/s.Gulf Oil Lubricants India Ltd. i.e. the present applicant came to be incorporated. As per the scheme sanctioned by the High Court in the Company Petition, all pending proceedings by or against the original applicant needs to be continued by the newly incorporated company. Therefore, instant applications for substituting the applicant in place of the original appellant.

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As the substitution is required to be effected in pursuant to the orders passed in the Company Petition by the High Court, applications are allowed in terms of Prayer Clause (a). Necessary amendment be effected within a period of two weeks.

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