Sanjeev Kapoor v. Nina Concerte Systems Pvt. Ltd. Other 2

26 ia 2248-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2248 OF 2025 IN COMPANY PETITION NO. 593 OF 2015 Sanjeev Kapoor ... Applicant.

In the matter between:

Nina Concrete Systems Pvt.Ltd.

... Petitioner.

Versus

Orbit Corporation Ltd. and Anr.

... Respondents.

----- Mr. Yogesh Gaikwad i/by Bilawala & Co. for the Applicant. Mr. Harsh Moorjani, for Official Liquidator.

----- Coram : Sharmila U. Deshmukh, J.

Date : July 23, 2025 P.C. :

1.

Mr. Moorjani, learned counsel appearing for the Official Liquidator submits that though the application seeks condonation of delay in filing the affidavit of proof of debt, the Applicant has already filed a suit for specific performance which is pending pursuant to the leave granted by order of 5th September, 2019. He submits that the Applicant is required to elect as he cannot continue with the suit and at the same time raise a claim with the Official Liquidator. 2.

Learned counsel appearing for the Applicant seeks time to take instructions. At his request, stand over to 6th August, 2025. [Sharmila U. Deshmukh, J.] sa_mandawgad 1 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 24/07/2025 13:02:41