Gaurishankar Neelkanth Kalyani And 2 Others v. Sulochana Neelkanth Kalyani And 3 Others

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO. 86 OF 2015 IN COMPANY APPLICATION NO. 154 OF 2014 IN COMPANY PETITION NO. 19 OF 2011 Gaurishankar Neelkanth & Others ...Appellants

Versus

Mrs. Sulochana Neelkanth & Others

...Respondents

WITH COMPANY APPEAL NO. 87 OF 2015 IN COMPANY APPLICATION NO. 155 OF 2014 IN COMPANY PETITION NO. 20 OF 2011 WITH COMPANY APPEAL NO. 88 OF 2015 IN COMPANY APPLICATION NO. 156 OF 2014 IN COMPANY PETITION NO. 21 OF 2011 WITH COMPANY APPEAL NO. 89 OF 2015 IN COMPANY APPLICATION NO. 157 OF 2014 IN COMPANY PETITION NO. 22 OF 2011

WITH COMPANY APPEAL NO. 90 OF 2015 IN COMPANY APPLICATION NO. 158 OF 2014 IN COMPANY PETITION NO. 23 OF 2011 WITH COMPANY APPEAL NO. 91 OF 2015 IN COMPANY APPLICATION NO. 159 OF 2014 IN COMPANY PETITION NO. 24 OF 2011 WITH COMPANY APPEAL NO. 92 OF 2015 IN COMPANY APPLICATION NO. 160 OF 2014 IN COMPANY PETITION NO. 25 OF 2011 WITH COMPANY APPEAL NO. 93 OF 2015 IN COMPANY APPLICATION NO. 161 OF 2014 IN COMPANY PETITION NO. 26 OF 2011 Mr. Zal Andhyarujina, with Mr. Ravi Gandhi, Ms. Nikita Vardhan & Mr. Rashmin Jain, i/b Kanga & Co., for the Appellants.

Mr. Janak Dwarkadas, Senior Advocate, with Ms. Bhumika, i/b Crawford Bayley & Co., for the Respondents in all the Appeals.

CORAM: G.S. PATEL, J DATED:

27th July 2016

PC:- 1.

Not on board. The matter is mentioned before me because Mr. Justice B.P. Colabawala is unavailable today. Taken on board. 2.

The Company Appeals were disposed by a detailed order and judgment dated 7th June 2016 (S.C. Gupte, J). At the request of the Respondents, the order was stayed for a period of eight weeks on condition that the Respondents maintain status quo in respect of the shares and shareholding of the 1st Respondent company. 3.

Mr. Andhyarujina for the Respondents states that the Special Leave Petitions are almost ready. A group of eight such Petitions will need to be filed. The request is for a short extension of the stay that otherwise expires on 1st August 2016.

4.

The application is opposed by Mr. Dwarkadas. I will not enter into the merits of that opposition. However, if time is spent in deciding that opposition, that very time will undoubtedly automatically become available to Mr. Andhyarujina to file his Special Leave Petitions, thus defeating the very purpose of the objection.

5.

Time is extended as an indulgence only till 8th August 2016. It is made clear that there will be no further extension beyond this date. If the Special Leave Petitions are not filed by that date and suitable orders are not obtained, the operative portion of Mr. Justice Gupte's order will come into effect on 9th August 2016.

6.

It is clarified that this stay, of course, requires that the conditions mentioned in paragraph 27 of the order dated 7th June 2016 be complied with, viz., that the Respondents must maintain status quo in respect of the shares, as also the shareholding of the 1st Respondent company.

(G. S. PATEL, J.)