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Bombay High CourtCA/992/2015disposed off

Sahjun Impex Trading Pvt Ltd v. Patheja Brothers Forgings And Stampings Ltd.

2015-10-08Hon'Ble Shri Justice S.C. Gupte2 pages

51.cal.92.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.92 OF 2015 IN COMPANY PETITION NO. 95 OF 1999 Sahjun Impex Trading Pvt. Ltd.

...Applicant.

In the matter between Devi Construction Co. Pvt. Ltd.

...Petitioner.

vs Patheja Forgings & Autoparts Manufacturers Ltd.

...Respondent.

.....

Mr T.D.Deshmukh for the Applicant.

Ms Yogini Chauhan, Asstt. OL present.

.....

CORAM : S.C. GUPTE, J.

OCTOBER 08, 2015 P.C. :

The company application seeks leave under Section 446 of the Companies Act, 1956 for institution of a suit against the company in liquidation. The applicant is an assignee of a secured creditor and seeks to avail of his remedy outside winding up. Company Application is allowed in terms of prayer clause (a).

( S.C.GUPTE J. ) Pg 1 of 2

51.cal.92.2015.doc CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

Pg 2 of 2