Disposed
Majid a.Oomerbhoy v. Rasjid S. Oomerbhoy and Ors. and M/S Prince Multilast Pvt.Ltd.
Bombay HCNMS/536/2004
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HIGH COURT OF JUDICATURE AT BOMBAYIN THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 536 OF 2004
IN
SUIT NO. 4913 OF 2000
Majid A. Oomerbhoy ..Plaintiff
versus
Rashid S. Oomerbhoy & Ors. ..Defendants
And
M/s. Prince Multiplast
Pvt. Ltd. ..Applicants
Mr. Prakash Shinde i/b. M/s. M. Dhurva & Co. for the
Plaintiff.
Mr. K. Joshi i/b. M/s. Malvi Ranchoddas & Co. for
the Defendants No.1.
Ms. Neeta Solanki i/b. M/s. Kiran Jain & Co. for the
Applicants.
CORAM : D. G. DESHPANDE,J.
DATE : 24TH SEPTEMBER, 2004.
P.C. :
1. Heard Advocates for the Plaintiff, Defendants
No.1 and Applicants. An order was passed by this
Court which is referred to in affidavit in support
of this notice of motion. It is order dated
31.7.2001. Court Receiver was directed to appoint
the Chartered Accountant to work out the amount that
the said firm is liable to pay to the employees
towards statutory dues as also to the suppliers.
According to the applicant she is one of the
suppliers of the plaintiff and she has to receive
certain amount, therefore she has taken out this
notice of motion.
2. Counsel for the plaintiff and the defendant no.1
contends that if at all the applicants have any
claim against the plaintiff she will have to take
appropriate proceedings, namely, filing a suit which
other suppliers have done by filing summary suits.
Counsel for the applicant agrees to consider this
legal aspect. She however prays that in the
meantime the Receiver can be directed to refer the
claim of the applicant to the Chartered Accountant
appointed by the Court Receiver for verifying the
claim of the applicant on the basis of documents in
their possession. Receiver to give necessary
directions to the Chartered Accountant in that
regard. With this, notice of motion is allowed to
be withdrawn.
3. Certified copy expedited.
*****
M/s. Prince Multiplast Pvt. Ltd.
D. G. Deshpande
As recorded by the court registry
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