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Bombay High CourtCA/17/2017disposed off

M/S. Acg-Pharmapack Pvt. Ltd. v. M/S. Supermax Personal Care Pvt. Ltd. Cin No. 27310mh2010ptc207411

2017-01-04Hon'Ble Shri Justice R.D. Dhanuka2 pages

42-cal610-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODGING) NO.610 OF 2016 IN COMPANY PETITION NO.924 OF 2015 M/s.ACG - Pharmapack Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

M/s.ACG - Pharmapack Pvt. Ltd.

...Petitioner

V/s.

M/s.Supermax Personal Care Pvt. Ltd.

...Respondent

Ms.Jai Kanade i/b Mr.Sumit S. Kothari for the Applicant. Mr.Ankit Lohia with Ms.Amrita Sankar i/b Argus Partners for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 4TH JANUARY, 2017.

P.C. :- 1.

Learned counsel appearing for the respondent has no objection if the amendment as prayed in the company application is allowed. He however submits that after allowing this amendment as prayed by the applicant, the company petition will have to be transferred to National Company Law Tribunal in view of the amendment to the provisions of Companies Act, 2013. 2.

Company Application No.610 of 2016 is accordingly made 1/2

42-cal610-16 absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within three weeks from today and a copy of the amended petition shall be served upon the respondent's advocate simultaneously.

3.

Insofar as the issue raised by the learned counsel for the respondent about the transfer of the company petition is concerned, in my view, the same shall be considered by this Court on the next date.

4.

The company application is accordingly disposed of in aforesaid terms. No order as to costs.

5.

Place Company Petition No.924 of 2015 on board for directions on 30th January, 2017.

(R.D. DHANUKA, J.) 2/2