Shv Energy Pvt. Ltd. v. Official Liquidator Of New Haven Steel Ball Corporation Pvt. Ltd.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.24 OF 2018 IN COMPANY APPLICATION NO.417 OF 2017 IN COMPANY PETITION NO.159 OF 2009 M/s.SHV Energy Pvt. Ltd.
)....Applicant
IN THE MATTER BETWEEN :
Trendy Sportswear )....Org.Petitioner V/s.
M/s.Astral Glass Pvt. Ltd.
)....Respondent WITH COMPANY APPLICATION NO.25 OF 2018 IN COMPANY APPLICATION NO.416 OF 2017 IN COMPANY PETITION NO.883 OF 2009 M/s.SHV Energy Pvt. Ltd.
)....Applicant
IN THE MATTER BETWEEN :
Girdharilal Agarwal and Co.
)....Org.Petitioner V/s.
M/s. New Haven Steel Ball Corporation ) Pvt. Ltd. (Under Liqn.) )....Respondent ---- Mr.Jaesh Mestry for the applicant.
None for respondents.
---- CORAM : K.R.SHRIRAM,J DATE : 24.4.2018 P.C.:-
2/3 Heard Mr.Mestry for the applicant and also considered the affidavit in support. The entire affidavit proceeds on the basis that the earlier advocate had not taken steps to remove office objections and the applicant was relying on him to remove office objections and therefore, the applications came to be dismissed. The applicant has not disclosed the name of the advocate. From paragraph nos.4 to 9 the allegations are basically against the advocate and that the advocate is not responding with correct information. In paragraph-10 it is stated the applicant found out the status of the matter. Between the date given in paragraph-8 and the date of the application there is not much gap. If applicant could have found out the status as mentioned in paragraph-10, nothing prevented the applicant to find out status earlier. Be that as it may, purely in the interest of justice, I am inclined to restore the applications. The applicant has to however, be put to terms.
Applications are allowed in terms of prayer clause-(a). The Company Application (L) No.139 of 2015 and Company Application (L) No.140 of 2015 restored to file. Undertaking of Mr.Mestry to have all office objections removed and get the Company Applications numbered within two weeks from today, accepted. If office objections are not removed within two weeks, the applications will stand
3/3 dismissed without further reference to the court. Applicants to give, within 2 weeks donation of Rs.5,000/- each to National Defence Fund (NDF), State Bank of India, Institutional Division, Parliament Street, New Delhi, Account No.11084239799-www.pmindia.nic.in .
(K.R.SHRIRAM,J)