Dinesh Bhaskar Save Secretary Of W.G. Forge Kamgar Sangatana v. W.G.Forge And Allied Industries Ltd In Liquidation Through Official Liquidator And 6 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.943 OF 2015 IN COMPANY PETITION NO.7 OF 1984 Dinesh Bhaskar Save ....Applicant Vs.

W.G. Forge and Allied Industries Ltd.

(In liquidation) & Anr.

....Respondents ---- Ms. Sandhya Nanavare i/b. M Janardhanan for applicant. Mr. Sharan Jagtiani a/w. Ms. Savita Ganoo and Ms. Priyanka Gidh i/b. TRD Associates for respondent no.4.

Mr. Chetan Kapadia i/b. Mr. Nikhil Ranadive for respondent no.6. ---- CORAM : K.R.SHRIRAM, J.

DATE : 22nd JANUARY, 2018 P.C.:

This application was listed before this court on few occasions and one of the primary point raised against the application, not only by the counsel but even by the Court, was locus of applicant to take out this application.

Today, Ms. Nanavare, counsel for applicant, in fairness and as an officer of the Court states that the application as taken by applicant is not maintainable. At the same time, Ms. Nanavare seeks leave to amend the application and bring on record all the workmen who are in excess of 429 on record.

Mr. Jagtiani supported by Ms. Ganoo and Mr. Kapadia state that the amendment application cannot be permitted because if the Gauri Gaekwad

2/2 8.CA-943-2015.doc workmen are not satisfied with the adjudication order passed by Official Liquidator, they will have to take steps or take out such proceedings to challenge the adjudication order and they cannot ask for such a relief as prayed for in this application.

I find substance in what Mr. Jagtiani and Mr. Kapadia stated. Therefore, application stands dismissed with no order as to costs. (K.R. SHRIRAM, J.) Gauri Gaekwad