Shivji Valji Tarpaulins Private Limited v. Cane Agro Energy Pvt. Ltd. (Formerly Known As Dongarai S. Shetkari Sahakar Sakhar Karkhana)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.32 OF 2011 Shivji Valji Tarpaulins Pvt. Ltd.

....Petitioner Vs.

Cane Agro Energy Pvt. Ltd.

....Respondent ---- None for the parties.

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

DATE : 22nd JUNE, 2018 P.C.:

Section 4 (b) of amended Sick Industrial Companies (Special Provisions) Repeal Act, 2003 provided that on such date as may be notified by the Central Government, any appeal preferred to AAIFR or any reference made or inquiry pending to or before BIFR shall stand abated provided that a company in respect of which such appeal or reference or inquiry that stands abated may make reference to the NCLT under the Insolvency and Bankruptcy Code, 2016 (IBC) within 180 days from the commencement of the IBC in accordance with the provisions of the IBC. The notified date is 1st December, 2016 and 180 days expired on or about 31st May, 2017. The company has not filed any affidavit stating that they have filed any reference to NCLT. The registry has also issued two circulars/notices addressed to all the parties. Matter was also listed before Prothonotary and Senior Master. Despite that nobody is present. Gauri Gaekwad

2/2 4.CP-32-2011.doc Therefore, petition dismissed.

(K.R. SHRIRAM, J.) Gauri Gaekwad