← Library
Bombay High CourtCA/445/2014withdrawn

Rameshwar Nath Shukla v. Official Liquidator, M/S Vaishnavi Rasayan Pvt. Ltd. And ORS.

2020-03-12Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 ca-445-14(3).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.445 OF 2014 IN COMPANY PETITION NO.487 OF 2007 Rameshwar Nath Shukla ..Applicant In the matter between Asha Suresh Varma ..Org. Petitioner V/s.

Official Liquidator, High Court Bombay Of Vaishnavi Rasayan Pvt Ltd.

..Respondents WITH OFFICIAL LIQUIDATOR REPORT NO.293 OF 2017 WITH COMPANY APPLICATION NO.116 of 2018 IN COMPANY APPLICATION NO.445 OF 2014 IN COMPANY PETITION NO.487 OF 2007 WITH OFFICIAL LIQUIDATOR REPORT NO.167 OF 2018 Mr. Rohan Cama a/w Mr. Harish Adwant i/b Ms Sapana Rachure for Applicant in both applications Mr. Anil D'souza i/b Mr. Sachin P Shetye for Respondent No.4 in both applications Mr. Aditya Pimple for Official Liquidator Mr. Mahendhar Aithe, Company Prosecutor present CORAM: K.R.SHRIRAM,J DATE : 12th MARCH 2020 P.C.:- COMPANY APPLICATION NO.445 OF 2014 After the matter was argued for sometime, Mr. Cama sought MMJ

2/2 ca-445-14(3).doc instructions and sought leave to withdraw the application with liberty to approach an appropriate forum in case applicant wishes to sue MSFC or any party for his claim in damages.

Company application is dismissed as withdrawn, So far as liberty is concerned, it is open to any party to file a suit against any one they feel has wronged them. Mr. Cama then requested that time lost in this court be excluded under Section 14 of the Limitation Act.

It is open to applicant to request the concerned court for excluding the time lost in pursuing this application or any other application and the concerned court will consider the same in accordance with law. All rights and contentions of the parties are kept open. COMPANY APPLICATION NO.116 OF 2018 In view of the above order, this application does not survive and is accordingly disposed.

(K.R.SHRIRAM,J) MMJ