M/S Medi Pharma Drug House v. Aril Pharma

5.ca.213.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 213 OF 2015 IN COMPANY PETITION NO. 222 OF 2013 M/s Medi Phama Drug House ...Applicant/Petitioner vs ARIL Pharma

...Respondent

.....

Mr Vikram Sathe i/b S.R. Rawell & Co. for the Applicant None for the Respondent .....

CORAM : B. P. COLABAWALLA J.

MARCH 30, 2016 P.C. :

This Company Application has been filed for recalling of the order dated 22 April 2014, under which the above Company Petition was dismissed for want of prosecution. This Company Application has been duly served on the Respondent Company as is evidenced by the affidavit of service dated 17 December 2014. None have appeared on behalf of the Respondent Company despite service.

In this view of the matter and for the reasons stated in the affidavit in support of the Company Application, the delay of 42 days in filing the Company Application is condoned and the order dated 22 April 2014 is recalled. Company Petition No.222 of 2013 is restored to the file of Pg 1 of 2

5.ca.213.2015.doc this Court and shall come up in usual course. The Company Application is accordingly disposed of. There shall be no order as to costs. ( B. P. COLABAWALLA J. ) Pg 2 of 2