Union On India Through Commissioner Of Customs (Preventive) v. Great Offshore Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2181 OF 2008 WITH NOTICE OF MOTION NO.3795 OF 2008 WITH CHAMBER SUMMONS (L) NO.342 OF 2018 IN SUIT NO.2181 OF 2008 Union of India through Commissioner of Customs ....Plaintiff Vs.

M/s. Great Offshore Limited ....Defendant WITH COMPANY APPLICATION (L) NO.210 OF 2018 IN COMPANY PETITION NO.756 OF 2014 WITH ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO.78 OF 2011 Great Offshore Limited ....Plaintiff Vs.

Union of India ....Defendant ---- Mr. Jitendra B. Mishra for plaintiff in S/2181/2008 and for applicant in CAL/210/2018 and CHSL/342/2018.

Ms. S. Priya for defendant (in liquidation).

---- CORAM : K.R.SHRIRAM, J.

DATE : 18th JUNE, 2018 P.C.:

COMPANY APPLICATION (L) NO.210 OF 2018 Ms. Priya, counsel for Official Liquidator states that they have no objection to this application being allowed. Therefore, application is allowed and accordingly disposed in terms of prayer clause - (a) which reads as under :

2/3 (a) that this Hon'ble Court be pleased to permit/allow the plaintiffs, in terms of Section 446 (1) of the Companies Act, 1956 read with Section 279 of the Companies Act, 2013, to prosecute the above suit, i.e., Suit No.2181 of 2008 pending before this Hon'ble Court against the defendant company (In Liquidation). Notwithstanding disposal of the application, applicant to remove all office objections and get the application numbered within two weeks from today. If this direction is not complied with, the leave will be deemed to have been revoked.

CHAMBER SUMMONS (L) NO.342 OF 2018 In view of the above order passed in company application (lodging) no.210 of 2018, this chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). Amendment to be carried out and copy of the amended plaint to be served within two weeks.

Notwithstanding disposal of the chamber summons, applicant to remove all office objections and get the chamber summons numbered within two weeks from today. If this direction is not complied with, chamber summons will be deemed to have been dismissed. Written statement to be filed and copy served within four weeks of receiving copy of the amended plaint.

3/3 Suit to be listed for directions on 3rd August 2018. (K.R. SHRIRAM, J.)