Sujathan Sukumaran v. Prakash Chandra Acharya

bipin prithiani p2-ca-368.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 368 OF 2018 IN COMPANY PETITION NO. 1015 OF 2008 Captain Prakash Chandra Acharya ...

Applicant In the matter between Harvinder Singh Bisht ...

Petitioner

Versus

The Official Liquidator of Crown Maritime Co.(I) Ltd.

...

Respondent WITH INTERIM APPLICATION (L) NO. 23393 OF 2024 IN COMPANY PETITION NO. 1015 OF 2008 ****** Mr. Tushad Kakalia a/w Rahul Punjabi for the Applicant. Ms. Akanksha Agrawal for Official Liquidator. Adv. Ruchi P. Bagwe i/by Shivani Shah for the Intervener. ****** CORAM: MANISH PITALE, J.

DATE : 3rd JANUARY 2025 P.C. :

.

Not on board. Mentioned by way of praecipe.

2.

By order dated 6th December 2024, this Court, while appointing Advocate Akshay Udeshi, as Court Commissioner for recording cross-examination of the ex-director of the company in liquidation, had issued specific directions. The learned counsel for DHARMENDER PRITHIANI Date: 2025.01.04 10:16:07 +0530 BIPIN DHARMENDER PRITHIANI the applicant submits that the aforesaid directions indicate that the

bipin prithiani p2-ca-368.18.doc cross-examination would have to be conducted in Court premises. It is submitted that the exercise of cross-examination is to be completed and report has to be submitted by the Commissioner by 31st January 2025. It is brought to the notice of this Court that the ex-director who is to be cross-examined, is available on specific dates in January 2025, but Court premises may not be available on the said dates and since cross-examination would be conducted on the basis of the soft copies of documents, this Court may consider granting permission for conducting the cross-examination in the office of the Court Commissioner.

3.

The learned counsel appearing for the official liquidator and the learned counsel for the ex-director have no specific objection in respect of the said prayer.

4.

In view of the above, the cross-examination of the exdirector of the company in liquidation i.e. Mr. S. Sujathan, shall be conducted in the office of the Court Commissioner. Rest of the directions contained in the order dated 6th December 2024 shall continue to apply.

MANISH PITALE, J.