Shah Mehta Holding Pvt. Ltd. v. Metropolitan Overseas Ltd., Cin Nou24230mh1989plc053959

33.ca.488.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 488 OF 2017 IN COMPANY PETITION NO. 588 OF 2016 Shah Mehta Holding Pvt. Ltd.

.. Applicant/Petitioner Vs.

Metropolitan Overseas Ltd.

.. Respondent Ms. Anusha Jacob i/b DSK Legal for applicant/petitioner. None for respondent.

CORAM : K.R.SHRIRAM, J.

DATE : 9TH NOVEMBER 2017 P.C.

Heard the counsel for applicant and also considered the affidavit in support. The only reason given for not complying with the Courts order is in paragraph 4 of the affidavit in support and it says "I say due to inadvertence, the aforesaid payment of Rs.10,000/-............was not made by the petitioner within a period of weeks from the date of ..................". What is inadvertence, why it was not complied with, no explanation is given. Be that as it may, in the interest of justice and purely by way of indulgence, time to deposit the amount of Rs.10,000/- is extended upto and including 13th November 2017.

Shraddha Talekar PS 1/2

33.ca.488.2017.doc Petition accordingly restored. If the amount is not deposited, the petition will get dismissed without further reference to the Court. Petitioner to give a donation of Rs.5,000/- to Mumbai Police Welfare Fund within one week from today and shall file a compliance report with the Prothonotary and Senior Master of this Court within one week thereafter. If this compliance report is not filed, petition will get dismissed without further reference to this Court.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2