Board Of Control For Cricket India v. The Official Liquidator Of Nimbus Communications Ltd

ca.272-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO NO. 272 OF 2017 IN COMPANY PETITION NO. 387 OF 2015 Board of Control for Cricket in India ..Applicant.

In the matter between State Bank of Hyderbad ..Petitioner.

Vs.

The Official Liquidataor of Nimbus Communication Ltd...Respondent. ----- Mr. Rifique Dada, Senior Counsel with Aditya Mehta, Gati Prakash and Shreya Jha i/b Cryil Amarchand Mangaldas, for Applicant. Mr. Ravi Goenka i/b Goenka Law Associates for Applicant. Mr. Mahendar Aithe, Company Prosecutor.

------ CORAM: A.S. GADKARI, J.

DATE: 16 JUNE 2017.

P.C.:

1] Heard the the learned Senior Counsel for the applicant, learned Counsel for the Petitioner-State Bank of Hyderbad and the Company Prosecutor.

2] This is an application under Section 446 (1) or the Companies Act, 1965 with Rule 117 and 9 of the Companies (Court) Rules, 1959 to proceed with the legal proceedings mentioned in para-(a)(i) of the Application and to commence execution proceedings against the Company

ca.272-2017 in liquidation mentioned in para-(a)(ii) of the application. Mr. Dada, the learned Senior Counsel for the applicant on instructions submitted that the applicant will bear the legal charges of the representative of the Official Liquidator before the concerned forums mentioned in the prayer clauses. Perused the affidavit in support of the application filed on behalf of the applicant.

3] For the reasons stated in the application, the application is allowed in terms of prayer Clauses (a)(i), (ii) and (iii) subject to the provisions under Sections 529, 529(A) and 530 of the Companies Act and the Rules framed thereunder.

(A.S. GADKARI, J.)