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Bombay High CourtCA/407/2017disposed off

Asset Care And Reconstruction Enterprise Ltd. v. Nova Oleochem Ltd.

2017-11-13Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 CA407.17-65

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.407 OF 2017 IN COMPANY PETITION NO.32 OF 2015 Asset Care & Reconstruction Enterprise Ltd.) Acting in its capacity as trustee of the Trust ) 30 (DBS) Trust )....Applicant/Assgnee

IN THE MATTER BETWEEN :

DBS Bank Ltd.

)....Petitioner V/s.

Nova Oleochem Ltd.

)....Respondent ---- Mr.Nikhil Rajani i/by V.Deshpande & Co. for applicant. Mr.Mahendhar Aithe-Company Prosecutor for OL present. ---- CORAM : K.R.SHRIRAM,J DATE : 13.11.2017 P.C.:- Heard Mr.Rajani for the applicant and considered the affidavit in support. Mr.Aithe-Company prosecutor states that he has been provided a copy of the Deed of Assignment and court can allow the application.

Application therefore, allowed in terms of prayer clauses- (b) and (c) which read as under :- "(b) that the name of the Petitioner in the above Company Petition be amended by substituting the name of the Applicant/Assignee viz. Asset Care & KJ

2/2 CA407.17-65 Reconstruction Enterprise Ltd. acting in its capacity as a Trustee of "TRUST 30 (DBS) ;

(c) that the Applicant/Assignee be permitted to amend the petition and proceedings as per the Schedule annexed hereto, and carry out all such other consequential amendments."

However, it is clarified that portion bracketed in red ink in prayer clause-(c) and serial no.(V) of the schedule which reads as "and carry out all such other consequential amendments" is not granted.

Application accordingly disposed.

(K.R.SHRIRAM,J) KJ