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Bombay High CourtIA/7423/2025disposed off

Rushabh Sanghvi v. Orbit Corporation Ltd

2025-12-12Hon'Ble Justice Shri Arif S. Doctor2 pages

1/2 21-IA-7423-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 7423 OF 2025 IN COMPANY PETITION NO. 593 OF 2015 Rushabh Sanghvi ...Applicant

Versus

Orbit Corporation Ltd

...Respondent

_______ Mr. Devashish Godbole a/w Ronak Chheda i/b Akshay Bafna for Applicant. Mr. Harsh Moorjani for Official Liquidator.

Mr. Satyajit Roul, Official Liquidator present. _______

CORAM

:

ARIF S. DOCTOR, J.

th DECEMBER 2025 DATE :

P.C.

1.

This is an Application, which seeks leave under the provisions of Section 446 of the Companies Act, 1956.

2.

Learned counsel appearing on behalf of the Official Liquidator submitted that, in the event leave was granted the only concern was payment of legal fees. To this, Mr. Godbole has pointed that Applicant has stated as follows: "The Applicant herein undertakes to bear the costs of proceeding with the litigation on behalf of the Official Liquidator, as directed by this Hon'ble Court. "

Areeb

2/2 21-IA-7423-2025 (OS).DOC 3.

Thus, in light of this, learned counsel appearing on behalf of the Official Liquidator submits that the Application can be allowed subject to the applicant submitting a written undertaking to the Official Liquidator in respect of making payment of all legal fees that will arise in the context of prosecuting the Suit No. 835 of 2015.

4.

Furthermore, he submits that the Applicant would also have to make a deposit of sum of Rs. 2,00,000/- with the Official Liquidator within a period of six weeks from today.

5.

Mr. Godbole submits that, Applicant shall do so, on this basis, the Application is allowed.

[ARIF S. DOCTOR, J.] Areeb