Usha Nikshakar Shetty v. Orbit Corporation Ltd. And 2 ORS.,

10-ia1-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN COMPANY APPLICATION NO.304 OF 2019 IN COMPANY PETITION NO.593 OF 2015 Usha N. Shetty ...Applicant V/s.

Nina Concrete Systems Pvt. Ltd. & Ors.

...Respondents

Mr.L.S. Shetty with Mr.M.M. Nair i/b M/s.L.S. Shetty & Associates for the Applicant.

Mr.Shanay Shah for the Official Liquidator.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present.

CORAM : R.D. DHANUKA, J.

DATE : 12TH DECEMBER, 2019.

P.C. :- 1.

By this interim application, the applicant seeks amendment to the Company Application No.304 of 2019 as mentioned in the schedule appended to the interim application. The applicant seeks to place on record the additional affidavit and additional prayers in the said company application which is still pending.

2.

Without going into the correctness of the submissions made therein and entitlement of the applicant to those additional prayers, I am inclined to allow request for carrying out the 1/2

10-ia1-19.doc amendment as prayed. The interim application is made absolute in terms of prayer clause (a). It is made clear that merely because this Court has permitted this amendment, none of the averments made in the interim application and the additional prayers sought to be inserted are accepted by the Official Liquidator. All the contentions of all the parties are kept open. The amendment to be carried out within one week from today.

3.

The amended copy of the civil application shall be served upon the office of the Official Liquidator within one week thereafter. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2