Autolite India Ltd v. The Official Liquidator Of Pal -Peugeot Ltd In Liquidation

34-ca422-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.422 OF 2016 IN COMPANY APPLICATION NO.489 OF 2015 IN COMPANY PETITION NO.117 OF 1999 Autolite India Ltd.

...Applicant

IN THE MATTER BETWEEN :

Pal Peugeot Ltd.

...Petitioner

V/s.

The Official Liquidator of M/s.Pal Peugeot Ltd. (In Liqn.)

...Respondent

Mr.Vedchetan Patil i/b Peter Resu for the Applicant. Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present.

CORAM : R.D. DHANUKA, J.

DATE : 4TH JANUARY, 2017.

P.C. :- 1.

By this company application the applicant seeks condonation of delay of 261 days in filing the application and for recall of the order dated 27th march,2015 passed by this Court, dismissing Company Application No.489 of 2015 for want of prosecution. 2.

I have heard the learned counsel for the applicant and have perused the averments made in the company application. In my 1/2

34-ca422-16 view, though the applicant has not rendered sufficient explanation in the company application, in the interest of justice and on payment of costs of Rs.10,000/- to the office of the Official Liquidator, the order dated 27th March, 2015 can be recalled.

3.

I therefore, pass the following order :- a).

The company application is allowed in terms of prayer clauses (a), (b) and (c ) on the condition that the applicant pays the costs of Rs.10,000/- to the office of the Official Liquidator within two weeks from today. It is made clear that if the applicant fails to pay the costs of Rs.10,000/- within the time prescribed, the order passed by this Court to stand vacated and the Company Application No.422 of 2016 to stand dismissed without further reference to the Court. (R.D. DHANUKA, J.) 2/2