Sharadchandra P Shah Agency Pvt Ltd v. Official Liquidator On Behalf Of M/S.Premium Paper And Board Industries

ppn 1 904.ca-795.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.795 OF 2015 IN COMPANY PETITION NO.407 OF 2013 Sharadchandra P.Shah Agency Pvt. Ltd.

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Applicant In the matter between Sharadchandra P.Shah Agency Pvt. Ltd.

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Petitioner Vs.

The Official Liquidator of M/s.Premium Paper and Board Industries ..

Respondent --- Ms.Shirley D'souza i/by M/s.Apex Law Partners for the applicant. Mr.Mohindher Aithe, Company Prosecutor for the Official Liquidator present.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd February 2017 P.C. :

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By this application filed under Section 446 of the Companies Act, 1956, the applicant seeks leave to continue the Summary Suit No.525 of 2013 filed by the applicant against the company in liquidation. 2.

The learned company prosecutor for the official liquidator invited my attention to the order dated 6th August 2014 passed by Shri Justice S.J. Kathawalla in this company petition directing the applicant herein to file its claim before the Official Liquidator against the respondent-company in liquidation.

3.

Learned counsel appearing for the applicant states that the applicant, however, has not filed any claim before the Official Liquidator

ppn 2 904.ca-795.15.doc and seeks to pursue the said summary suit filed by the applicant against the respondent-company in liquidation.

4.

In view of the order passed by this Court on 6th August 2014 directing the applicant to file its claim before the Official Liquidator, I am not inclined to grant leave to this application. Time to file the claim before the Official Liquidator is extended by a period of four weeks from today. It is made clear that no further extension would be granted.

5.

Company application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.