Bombay High CourtCA/508/2018absolute

Prasum Metals Pvt. Ltd. v. Oren Kitchen Appliances Pvt. Ltd. Cin No. U28997mh2009ptc193466

2018-10-03Hon'Ble Shri Justice K.R. Shriram2 pages

26 ca 508-18=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 508 OF 2018 IN COMPANY PETITION NO. 149 OF 2016 Prasum Metals Pvt. Ltd.

... Applicant /Petitioner V/s.

Oren Kitchen Appliances Pvt. Ltd.

... Respondent ----- Mr. Surendra Sharma for the Applicant /Petitioner. None for the Respondent.

CORAM : K.R. SHRIRAM, J.

DATE : 03rd OCTOBER, 2018 P.C.:

Heard learned Counsel and considered the affidavit in support. After the petition was dismissed, it has also been advertised by the Registry. Considering the affidavit in support, I am inclined to condone the lapse on the part of the Advocates and restore the petition. The order dated 26.04.2018 is recalled and Company Petition No. 149 of 2018 is restored to file. The Company Registrar has advertised the dismissal of petition in 'Free Press Journal' and 'Nav Shakti' and thereby incurred costs. The Company Registrar has utilised the amount of Rs.15,000/- that petitioner has deposited with the Prothonotary and Senior Master, High Court, Bombay after the petition was admitted. Therefore, petitioner to deposit a sum of Rs.15,000/- with the Sneha Chavan 1/2

26 ca 508-18=.doc Prothonotary and Senior Master, High Court, Bombay towards the advertisement charges. Petitioner to also advertise in 'Free Press Journal' and 'Navshakti' the fact that the petition has been restored to file within one week from today and the notice shall be as per the format prescribed by the Company Registrar. Petitioner to also give donation of Rs.5,000/- to Kerala Chief Minister's Distress Relief Fund, Account Number : 67319948232, Bank : State Bank of India, Branch : City Branch, Thiruvananthapuram, IFSC : SBIN0070028, PAN: AAAGD0584M, Account Type : Savings, SWIFT CODE : SBININBBTO8 and this amount to be paid within two weeks from today.

Application accordingly stand disposed. Petition be listed for final hearing on 15.10.2018.

(K.R. SHRIRAM, J.) Sneha Chavan 2/2