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Bombay High CourtCA/14/2018absolute

Ajay Mathur v. Varkey Overseas Trading Company Pvt Ltd And 2 ORS

2018-03-06Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.14 OF 2018 in COMPANY PETITION NO.299 OF 1994 Ajay Mathur ... Applicant

IN THE MATTER OF

M/s Varkey Overseas Trading Co.Pvt.Ltd .. Petitioner vs Sumeet Machines Ltd ..

... Respondent ---- Mr.A.C.Mahimkar for Applicant Mr.Mahindhar Aithe Company Prosecutor for Official Liquidator present.

---- CORAM : K.R.SHRIRAM, J.

DATE : 6TH MARCH, 2018.

P.C.:

1.

This Application is for restoration of Company Application no.961 of 2015, that came to be dismissed for default. 2.

I have considered the affidavit in-support and also the documents annexed. Though I am not satisfied with the explanation given, purely in the interest of justice, I am granting the reliefs as sought in prayer clause (a). Certainly, the Applicant

has to be put to terms.

3.

In the circumstances, Company Application is allowed in terms of prayer clause (a) and is disposed of accordingly. 4.

Company Application No.961 of 2015 is restored to file and be listed for hearing on 9th April 2018. Mr.Mahimkar states that the Applicant will give a donation of Rs,.20,000/- to National Defence Fund (NDF) State Bank of India, Institutional Division, Parliament Street, New Delhi Account No. 11084239799www.pmindia.nic.in before the next date. (K.R.SHRIRAM, J.)