M/S Luthra Textiles Pvt. Ltd. v. M/S Machinery Manufacturers Corporation Ltd.

1/1 41.CA-527-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.527 OF 2017 IN COMPANY PETITION NO.41 OF 1986 M/s. Luthra Textiles Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN :

M/s. Godfrey Philips India Limited ....Petitioner Vs.

M/s. Machinery Manufactures Corpn. Ltd. & Anr. ....Respondents ---- Mr. Govind B. Solanke for applicant.

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

DATE : 27th NOVEMBER, 2017 P.C.:

Though served, Official Liquidator has not filed any affidavit in reply opposing the application. Mr. Aithe, Company Prosecutor for Official Liquidator states that almost 80% of the funds have been already distributed as dividend and petitioner may decide whether they should still prosecute the suit in Delhi or not.

In my view, it is not for the Official Liquidator to decide whether a party should prosecute the suit or not. In the circumstances, for reasons mentioned in the affidavit in support, the application is allowed and accordingly disposed in terms of prayer clause - (a).

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