Organizing Committee, Common Wealth Games, 2010 Delhi v. Premier Brands Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 661 OF 2015 IN COMPANY PETITION NO. 210 OF 2012 Premier Brands Pvt. Ltd.

.. Applicant Vs.

Total Sports & Entertainment Pvt. Ltd.

.. Respondent WITH COMPANY APPLICATION NO. 963 OF 2015 IN COMPANY PETITION NO. 210 OF 2012 Organizing Committee, Common Wealth Games, 2010 Delhi .. Applicant Vs.

Premier Brands Pvt. Ltd.

.. Respondent Mr.Rohit Agarwal & Mr.Dinesh Parmar i/b DSK Legal for applicant in CA/963/2015.

Mr.A.D.Soman i/b R & M. Partners for applicant in CA/661/2015. Mr.Aditya Shralkar a/w. Mr.Jayesh Mestry i/b RMG Law Associates for respondent.

CORAM : K.R.SHRIRAM, J.

DATE : 13TH JANUARY, 2016 P.C.

There are two applications listed today, viz., Company Application No. 661 of 2015 and Company Application No. 963 of 2015. As regards Company Application No.661 of 2015, the counsel appearing for the applicant requests the matter be stood over since the lead 1/3

counsel, who was to come from Delhi is in personal difficulty. As regards company application no.963 of 2015, the application is under Section 446 of 1956.

I have considered company application No.963 of 2015 and the affidavit in support. Also considered the submissions made. The arbitration, the counsel appearing for the applicant, states commenced in the year 2012 whereas the order for winding up was passed on 14.11.2014. Company application No.661 of 2015 is also pending. Therefore, it will be fit and proper to grant relief sought in company application No. 963 of 2015. The company application No.963 of 2015, therefore, disposed in terms of prayer clause (a).

The applicant to join the official liquidator as respondent and to give notice and serve readable copies of all pleadings, documents, miutes of meetings and orders passed by the Arbitral Tribunal etc. upon the official liquidator within four weeks from today.

As regards company application no.661 of 2015, the same to be listed for hearing on 3.02.2016. It is made clear that on the next date, no adjournment on any ground whatsoever will be granted and if the applicants 2/3

do not go on with the matter, the application may get dismissed. Shri Shiralkar, counsel for the respondent/original petitioner seeks leave to file a compilation of documents and an additional reply in company application no. 661 of 2015.

Leave granted. The compilation of documents and an additional reply to be filed in the registry not later than 15.01.2016. The registry to accept the same and take the same on record.

All concerned to act on a copy of this order duly authenticated by the Associate of the Court.

(K.R. SHRIRAM, J.) 3/3