Srk Shelters Private Limited v. Srk Shelters Private Limited (Res.) And M/S Alka Venture Pvt Ltd(Pro. Res.)

1/2 918.CP-974-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.974 OF 2014 WITH CHAMBER ORDER NO.641 OF 2017 WITH COMPANY APPLICATION NO.630 OF 2017 IN COMPANY PETITION NO.974 OF 2014 George T.J.

....Petitioner Vs.

SRK Shelters Pvt. Ltd.

....Respondent ---- Mr. M.S. Dehlvi for petitioner.

None for respondent.

Mr. Vinod L. Desai for respondent no.2 in CA/630/2017. ---- CORAM : K.R.SHRIRAM, J.

DATE : 14th DECEMBER, 2017 P.C.:

COMPANY APPLICATION NO.630 OF 2017 I have considered the reliefs sought and the affidavit in support. In a petition of this nature, such reliefs cannot be granted and company application is not maintainable.

Therefore, company application stands dismissed. I have also noticed that there is a chamber order no.641 of 2017 for discharge of the Advocate.

The chamber order is allowed and accordingly disposed. COMPANY PETITION NO.974 OF 2014 The counsel for petitioner states that there is an affidavit of Gauri Gaekwad

2/2 918.CP-974-2014.doc one C.H. Saghvekar affirmed on 9th December, 2016 confirming service in two newspapers, i.e., Free Press Journal (in English) and Navshakti (in Marathi). The counsel for petitioner further states that due to oversight gazette notification was not given and also notice under Rule 28 of the Companies (Court) Rules, 1959 has not been issued. The counsel for petitioner requests two weeks time for the same and also requests to extend the returnable date to 29th January, 2018.

Accordingly two weeks time granted. Any delay in publication of the advertisement in the Maharashtra Government Gazette and any resultant inadequacy of the notice period shall not constitute non compliance with this direction or with the Companies (Court) Rules, 1959.

Stand over to 1st February, 2018.

(K.R. SHRIRAM, J.) Gauri Gaekwad