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Bombay High CourtCHS/1373/2015disposed off

Reliance Capital Ltd. v. Patheja Brothers Forgings And Stamping (In Liquidation) Ltd.

2015-11-19Hon'Ble Shri Justice S.C. Gupte2 pages

1.5.s.1230.2001,chs.1373.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1373 OF 2015 IN SUIT NO. 1230 OF 2001 Reliance Capital Ltd.

...Applicant/Plaintiff vs Patheja Brothers Forgings & Stamping ...Defendant .....

Mr Anwar Patel i/b Mulla & Mulla & CBC for the Plaintiff Ms Prathibha Ramaswamy, Asstt OL present.

.....

CORAM : S.C. GUPTE, J.

NOVEMBER 19, 2015 P.C. :

By an order dated 30 June 2014, the Official Liquidator was directed to provide details of one ARCIL, a company which took over possession of the assets of the Company (In Liqun) from the Official Liquidator, as well as Exdirectors of the Company (In Liqun). This Court directed the Plaintiff to amend the plaint by joining ARCIL as well as Ex-directors of the Company (In Liqun) as party defendants to the suit. The present Chamber Summons is taken out in compliance with that order, after obtaining details from the Official Liquidator. Learned Counsel for the Applicant / Plaintiff tenders an affidavit of service in respect of service of the Chamber Summons on the parties to be joined. It appears that Respondent No.1 (ARCIL), Respondent Nos.

4 and 5 (Ex-directors of the Company (In liqun)) have been duly served, whilst the packets of service sought to be effected on other Defendants have come back with the remark 'left'. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within a period of two weeks from today. The Plaintiff is permitted to serve the writ of summons on newly added Defendants with returnable date of 15 January 2016.

( S.C.GUPTE J. ) Pg 1 of 2

1.5.s.1230.2001,chs.1373.2015.doc CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

Pg 2 of 2