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Bombay High CourtCA/321/2016disposed off

Riyaz Ahmed Lambay@R.F.Lambay v. The Official Liquidator Of M/S Sand Piper Resorts(Ltd)

2016-06-14Hon'Ble Shri Justice S.J. Kathawalla2 pages

cal 428 of 2016 (917).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.428 OF 2016 IN COMPANY PETITION NO.519 OF 2013 Riyaz Ahmed Lambay @ R.F.Lambay ...

Applicant/Petitioner versus The Official Liquidator of M/s. Sand Piper Resorts Ltd. and Ors.

...

Respondents Ms. A. Lambey i/by Mr. Vikas Singh, for Applicant. Mr. Mahendhar Aithe, Company Prosecutor, present. CORAM: S.J. KATHAWALLA, J.

DATE: 14 th JUNE, 2016 P.C.:

1.

Perused the Company Application and the Affidavit in support thereto. None for the Respondent Nos.2 to 4 though served. For reasons set out in the Affidavit in support of the Company Application, the same is allowed in terms of prayer clause (a), which is reproduced hereunder : "(a)this Hon'ble Court may be pleased to grant leave under Section 446 to the Applicant to file a Summary Suit against M/s. Sand Piper Resorts Ltd., through the Official Liquidator, High Court, Bombay and the Ex-Directors ( Mr. Irshad Khatib, Mrs. Zeeba Khatib and Mr. Ibad Khatib) in respect of the cheques issued by M/s. Sand Piper Resorts Ltd., in favour of the Applicant"; ssp 1/2

cal 428 of 2016 (917).sxw 2.

The Company Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2