Shimmit Infrastructure Pvt Ltd v. Official Liquidator Of Katha Mediatix India Ltd

1/2 22-ca-424-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 424 OF 2018 IN COMPANY PETITION NO. 365 OF 2013 Shimnit Infrastructure Private Limited ...Applicant

IN THE MATTER OF

Jagaran Prakashan Limited

...Petitioner

Versus

Official Liquidator of Katha Mediatix India Limited

...Respondent

---- Mr.Shreeganesh Khaire for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for Official Liquidator. ---- CORAM : K.R.SHRIRAM, J.

DATE : 26th SEPTEMBER 2018 P.C.:

Heard Mr.Khaire for applicant and also considered affidavit in support.

2.

Mr.Khaire states that in the Summary Suit, the company in liquidation was given conditional leave to defend and the company in liquidation has deposited a sum of Rs. 59,00,000/- (Rupees Fifty Nine Lakhs only) with the Prothonotary & Senior Master, High Court, Bombay. Trupti

2/2 22-ca-424-2018.doc 3.

In view of the above, Company Application is allowed in terms of prayer clause (a) which reads as under :

"(a) That, this Hon'ble Court be pleased to grant Leave under section 446 of Indian Companies Act, 1956 and corresponding section 279 of Companies Act, 2013 to proceed further in Commercial Suit No. 8 of 2011 between Shimnit Infrastructure Private Limited Vs.Katha Mediatix India Limited pending before Hon'ble High Court, Bombay".

4.

Company Application stands disposed.

(K.R. SHRIRAM, J.) Trupti