Masscorp Ltd. v. Ameet Enterprizes

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20. cal 819-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.819 OF 2015 IN COMPANY PETITION NO.208 OF 2014 Massocorp Limited ...

Applicant In the matter between :

Ameet Enterprises ...

Petitioner

Versus

Masscorp Limited ...

Respondent .....

Mr. Nilesh Tribhuvan for the Applicant.

Mr. Chirag Mody, R. Soni And R. Parekh i/b DSK Legal for the Respondent/Original Petitioner.

.....

CORAM : S.C.GUPTE, J.

DATE : 8 DECEMBER 2016.

P.C. :

.

Heard learned Counsel for the parties.

This application seeks recall of an order of admission passed in the Company Petition. The order sought to be recalled was passed ex-parte. The reasons for absence of the Respondent and its Advocate are set out in the affidavit in support of the Company Application. It is explained in the affidavit that at the relevant time, the Advocate on record for the Respondent had been to London for presenting papers in Oxford University, and thereafter was in Pune for his LLM examination. He could not make any alternative arrangement for someone to appear in place and stead of

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20. cal 819-15.doc him. Accordingly, the Applicant has made out a case explaining the circumstances in which, the Applicant could not be represented before the Court.

In the premises, the application is allowed in terms of prayer clauses (a) and (b).

The petition to appear on board for admission in due course. (S.C.GUPTE, J.)