Gtl Infrasturcture Ltd v. --

1 /2CAL-259-17-8 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.259 OF 2017 GTL Infrastructure Ltd.

.. Applicant.

Mr. Virag Tulzapurkar, Senior Advocate with Mr. Nikhil Sakhardande and Rohan Rajadhkaysha i/by Chandrakant Mhadeshwar for the Applicant.

CORAM :A.S.GADKARI, J.

DATE : 28th June, 2017 P.C.

1.

This is an application for recalling of the order dated 22.7.2011 passed in Company Scheme Petition No.295 of 2011 connected with Company Summons for Direction No.245 of 2011 by this Court.

2.

Mr. Tulzapurkar, the learned Senior Counsel appearing for the petitioner submitted that the directions issued and scheme then propounded by the petitioner could not be complied with as the petitions filed before the Tamil Nadu High Court at Chennai were transferred to National Company Law Tribunal. That the transferor company namely Chennai Network Infrastructure Limited withdrew the petition which was pending before the National Company Law Tribunal, Chennai. He further submitted that the transferee company is also in the process of submitting better scheme before the National Company Law Tribunal, Mumbai and in view thereof, the applicant herein is desirous for recalling of the order dated

2 /2CAL-259-17-8 22.7.2011. He further submitted that the petitioner will submit a fresh and better scheme before the National Company Law Tribunal, Mumbai and/or before the appropriate authority for the betterment of the company. 3.

I have perused the affidavit in support of the application and in view of the facts mentioned therein and recorded above, the application is allowed in terms of prayer clause (a) and (b).

(A.S.GADKARI, J.)