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Bombay High CourtCA/227/2019dismissed

Federation Of Medical And Sales Representatives Association Of India v. Elder Pharmaceuticals Ltd.

2021-01-19Hon'Ble Shri Justice K.R. Shriram1 pages

1/1 52.CA-227-2019.doc Digitally signed by Gauri A.

Gaekwad Date:

2021.01.20 16:50:27 +0530 Gauri A.

Gaekwad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.227 OF 2019 IN COMPANY PETITION NO.488 OF 2015 Federation of Medical and Sales Representatives Association of India ....Applicants

IN THE MATTER BETWEEN :

Puspasen C. Jhaveri ....Petitioner V/s.

Elder Pharmaceuticals Limited ....Respondent ---- None for applicants.

Mr. Shanay Shah for Official Liquidator.

Mr. Mahendhar Aithe, Company Prosecutor present. ---- CORAM : K.R. SHRIRAM, J.

DATED : 19th JANUARY 2021 P.C. :

None appearing for applicants. At the same time, I have considered the affidavit in support. Applicants have no locus to maintain this application because they are neither a creditor nor a contributory. It is an association of which certain employees are members. That would not give applicant the locus to maintain this application.

Therefore, company application dismissed with liberty to the concerned employees, who are members of the Association, to approach individually or collectively for such reliefs as advised. The employees may lodge their claim with the Official Liquidator within four weeks from today, if not already applied and the Official Liquidator shall consider the claim of the employees and adjudicate the same in accordance with law. (K.R. SHRIRAM, J.) Gauri Gaekwad