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Bombay High CourtCA/895/2015disposed off

Dakshin Gujarat Vij Company Ltd. v. The Official Liquidator Of Shree Ambeshwar Papers Mill Ltd.

2015-12-16Hon'Ble Shri Justice K.R. Shriram2 pages

36.ca.895.2015.cp.70.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 895 OF 2015 IN COMPANY PETITION NO. 70 OF 2012 Dakshin Gujarat Vij Company Limited .. Applicant In the matter between :

Tradecom International Pvt. Ltd.

.. Petitioner And Ambeshwar Papers Mill Ltd.

(in liquidation) through official liquidator, High Court, Bombay .. Respondent V/s.

Dakshin Gujarat Vij Company Limited ..Applicant Mr.Sameer Sawant for applicant.

Mr.S. Ramakantha, O.L. present.

CORAM : K.R.SHRIRAM, J.

DATED : 16TH DECEMBER, 2015 P.C.

This application is for leave under Section 446 (1) of Companies Act, 1956 to continue the suit filed by the applicant being CS(OS) No.91A-2011 pending before the District Judge, Bhopal, much before the petition by respondent no.3 was filed.

I have considered the application. The official liquidator also has no objection. In fact, the official liquidator also made a statement that the Shraddha Talekar PA 1/2

36.ca.895.2015.cp.70.12.doc company has no asset with the official liquidator. That may be a separate issue. I see no reason why the leave as sought should not be granted. In the circumstances, the application is disposed of in terms of prayer clauses (a) and (b).

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