Canara Bank v. The Official Liquidator, High Court, Bombay Of M/S.Bombay Silk Mills Ltd.(In Liqn)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.308 OF 2016 COMPANY APPLICATION NO.1282 OF 2007 COMPANY APPLICATION NO.139 OF 2016 SHOW CAUSE NOTICE NO.36 OF 2018 IN COMPANY PETITION NO.361 OF 1996 Navalkishore Jagdishchand Khanna )....Petitioner V/s.

The Official Liquidator, High Court, ) Bombay of Bombay Silk Mills Ltd.(In Liqn.) )....Respondent ---- Mr.Kunal Dwarkadas a/w Mr.P.Fernandes I/by Dave and Girish and Co. for applicant in CA 308/2016.

Mr.Rahul Narichania, senior advocate a/w Ms.Hemali Kurne I/by Ajay Panicker for applicant in CA 1282/2007 and CA 139/2016. Mr.Ashok Kotangle a/w Mr.Prabhakar Ranshure I/by Padma Divakar for Income-tax Department.

Mr.Rakesh Reddy for Official Liquidator.

[Mr.Mahendhar Aithe-Company prosecutor for OL present]. ---- CORAM : K.R.SHRIRAM,J DATE : 23.7.2018 P.C.:- 1.

Mr.Narichania senior advocate for the applicant has come up with a very practical suggestion that the applicant (Canara Bank) in Company Application No.308 of 2016 be allowed to intervene in Company Application No.1282 of 2007 and be directed to file a reply to the company application. Mr.Narichania states that Company Application No.1282 of 2007 basically encompasses what is stated in

2/3 the affidavit in support of Canara Bank's application and applicant in Company Application No.1282 of 2007 will deal with the allegations in the affidavit that Canara bank will be filing. Mr.Narichania states that for record purpose, the court be pleased to note that the allegations in affidavit in support filed by R.S.Hegde of Canara Bank affirmed on 29.4.2013 are denied by the applicant in Company Application No.1282 of 2007.

Therefore, Canara Bank viz. the applicant in Company Application No.308 of 2016 is allowed to intervene and be added as party respondent to Company Application No.1282 of 2007. Amendment to be carried out and amended application to be served during the course of this week. Affidavit in reply to Company Application No.1282 of 2007 to be filed by Canara Bank within two weeks from today. Rejoinder, if any, to be filed within two weeks thereafter.

Application No.308 of 2016 disposed accordingly. Mr.Kotangle states that copy of the reply filed by the Income-tax department will be served on Canara Bank and Official Liquidator.

3/3 Company Application No.1282 of 2007 and Company Application No.139 of 2016 be listed for hearing on 27.8.2018. (K.R.SHRIRAM,J) Jahagirdar Kiran Ganesh Jahagirdar Kiran Ganesh Date: 2018.07.25 13:11:10 +0530