Man Infraprojects Limited v. Man Industries (India) Limtied

appl-578.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L.) NO.578 OF 2015 IN COMPANY APPLICATION (L.) NO.527 OF 2015 IN COMPANY SCHEME PETITION NOS.658 AND 659 OF 2014 CONNECTED AND COMPANY SUMMONS FOR DIRECTION NOS.346 AND 347 OF 2014 Man Infraprojects Limited ... Appellant

Versus

Man Industries (India) Limited ... Respondent Mr. Zal Andhyarujina i/by M/s. Rajani Associates for the Appellant. Mayur Khandeparkar a/w Aditya Shiralkar i/by Kanga & Co. for the Respondent.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 18th JULY, 2016 P.C.

The learned counsel appearing for the Appellant on instructions seeks permission to withdraw this Appeal with liberty to file appropriate proceedings before the learned Single Judge. He prays for continuation of ad-interim arrangement in this Appeal to enable the Appellant to move the learned Single Judge. The learned counsel appearing for the Respondent states that he has no objection if the arrangement recorded in the order dated 14th August, 2015 is continued

appl-578.15 for a period of three weeks. He, however, submits that all objections of the Respondent to the proceedings which may be filed by the Appellant may be kept open. Needless to add that the liberty is granted to the Appellant to file proceedings for such reliefs as may be permissible in accordance with law. Accordingly, we dispose of the Appeal by passing the following order :-

ORDER

(i) Appeal is disposed of as withdrawn with liberty as prayed;

(ii) We make it clear that all contentions of the Respondent on the proceedings which may be taken by the Appellant are expressly kept open;

(iii) The consent arrangement recorded in clause 3 of the order dated 14th August, 2015 will continue to operate for a period of three weeks from today without prejudice to the rights and contentions of the parties; (iv) In view of the disposal of the Appeal, all pending Notices of Motions and Chamber Summons are disposed of.

(A.A. SAYED, J ) (A.S. OKA, J )