Crest Communication Ltd. v. B4u Multomedia International Ltd.

cpl 418 of 2004 (903).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION (L) NO.418 OF 2004 Crest Communication Ltd.

...

Petitioner versus B4U Multimedia International Ltd.

...

Respondent Mr. Dilip Yadav, for Petitioner.

CORAM: S.J. KATHAWALLA, J.

DATE: 17th APRIL, 2015 P.C.

1.

On 09-11-2009, Master and Asstt. Prothonotary (Judicial) had passed the following order :

"Today this matter is placed on board for re-construction of Records and Proceedings as per the directions given by the Registrar (O.S.)/Prothonotary and Senior Master. Mr. Merchant tenders true copy of the Petition. Mr. Merchant states that except the above Petition, no other document is filed on behalf of the Petitioner. The said True Copy of the Petition is taken on file. Company Department is directed to treat the same as original till the original petition is traced out. Advocate for Petitioner is directed to get the said Petition redeclared as well as Affidavit in support of the said Petition reaffirmed within two weeks from today. Section Officer, Company Department, is directed to endorse an ssp 1/2

cpl 418 of 2004 (903).sxw amount of Court fee paid on the Petition after perusing concerned Registrar".

2.

No steps whatsoever are taken by the Petitioner in the last six years. The Advocate for the Petitioner has not even bothered to comply with the directions of re-declaring the Petition as well as re-affirming the Affidavit in support of the said Petition as directed by the Master and Asstt. Prothonotary (Judicial). Even today, the learned Advocate for the Petitioner states that he has no instructions in the matter. In view thereof, the Company Petition is dismissed with liberty to file a fresh Company Petition or to take out appropriate proceedings if so advised.

( S.J.KATHAWALLA, J. ) ssp 2/2