Bombay High CourtCAO/1704/2014dispossed offdismiss for default

Kotak Mahindra Bank Ltd. Mumbai v. The Commissioner Of Income Tax, Nagpur

2015-07-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 ca1704.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR COMPANY APPLICATION NO.1704/2014 IN CIVIL APPLICATION (O) NO.1178/2013 IN O.L.R. NO.6/2013 IN COMPANY PETITION NO.7/2001 In the matter of Maharashtra Explosives Ltd.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anjan De, Adv. for Official Liquidator.

Shri S.V. Sohoni, Adv. for IDBI & IFCI Bank Ltd. Shri M.N. Phadke, Adv. for Bank of Maharashtra. Shri A.S. Dhore, Adv. for applicant/employee. Shri N.A. Padhye, Adv. for Kotak Mahindra.

Mrs. S.N. Deshpadne, Adv. for claimant.

Shri S.D. Malke, Adv. for workers.

CORAM : Z.A. HAQ, J.

DATE : 17.7.2015 This is an application filed by the Executive Vice-president of Kotak Mahindra Bank Limited praying that in the order passed by this Court on Civil Application No.1178/2013 in O.L.R. No.6/2013 in Company Petition No.7/2001 on 25 th September, 2014, at the end of

2 ca1704.14 the second paragraph on page no.3 following be added : "subject to and without prejudice to the rights of the applicants, being the first charge holders and in accordance with law".

Shri De, the learned advocate for the Official Liquidator submits that he is not concerned with the present matter. Shri Phadke, the learned advocate opposes the modification of the order on the ground that such submissions were not made on behalf of the applicants at the time when the order was passed. Be that as it may, the rights of the applicants, if any, are required to be protected. Hence in the above-mentioned order, on page no.3 in second paragraph the following sentence be added : "subject to and without prejudice to the rights of the applicants, who claims to be the first charge holders and in accordance with law".

The civil application is disposed of in the above terms. JUDGE Tambaskar.