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

23-APPA-1585-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1585 OF 2016 IN CRIMINAL APPEAL NO.766 OF 2008 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 Mr.Kishor Bhatia i/b. Mr.S.V.Marwadi, Advocate for the Applicant. Ms.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

15th FEBRUARY 2017.

P.C. :

Heard the learned advocate appearing for the applicant / appellant. It is seen that during pendency of the appeal 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 avk 1/2

23-APPA-1585-2016.doc 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, the instant application for substituting the applicant in place of the original appellant.

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

(A. M. BADAR, J.) avk 2/2