Ashok Patil v. Shree Marathwada Paper Mills Pvt.Ltd., Cin No.U21000mh1987ptc045398

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN COMPANY PETITION NO.200 OF 2014 Ashok Patil Ex-Director ... Applicant In the matter between SICOM Ltd.

... Petitioner V/s.

Shree Marathwada Paper Mills Pvt. Ltd.

...Respondent

Prashant A. Nakati, for the Applicant.

Mr. Aithe, Company Prosecutor for Official Liquidator is present.

CORAM:

R. I. CHAGLA, J.

DATE:

16TH OCTOBER, 2019 PC:- 1.

This Interim Application is taken out in the Company Petition seeking permission to the Ex-Director Mr. Ashok Patil to initiate the proceedings for execution of the Award in the name of the Official Liquidator by appointing an advocate, without burdening the Official Liquidator of the fees of the Advocate. By an order dated 6th January, 2017, this Court had made it clear that any further pleadings including evidence, as may be filed by the Respondent - company shall be only with the approval of the Official Liquidator. Accordingly, this application has been taken out.

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It appears that the arbitration proceedings have culminated in an award being passed by the Arbitrator to which execution has been sought. Considering that, the order passed by this Court on 6th January, 2017, it would be appropriate to grant prayer (b) of the Interim Application.

3.

Mr. Aithe, Company Prosecutor for the Official Liquidator has no objection to the prayer being granted. 4.

Accordingly, Interim Application is made absolute in terms of prayer clause (b).

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