Dismissed

Sunil K.Puri and Ors. v. Mechcon Engg.Pvt.Ltd and Ors.

Bombay HC21 Mar 2007CP/280/1995

Case brief

AI extract

What is this about?

This order dismisses multiple Company Petitions before the Bombay High Court for want of prosecution due to untraceable records and absence of advocates. It directs advocates to reconstruct records within four weeks if interested, or pursue claims against wound-up respondents in liquidation.

What did the court decide?

Company Petitions are dismissed for want of prosecution; advocates directed to reconstruct records if proceedings continue; liberty to pursue claims in liquidation if companies wound up.

Sunil K.Puri and Ors. Vs Mechcon Engg.Pvt.Ltd and Ors. — Company and Corporate | Bombay HC (2007)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY PETITION NO.732 OF 1992

¶3

No Record and Proceedings

¶4

WITH

¶5

COMPANY PETITION NO.564 OF 1994

¶6

No Record and Proceedings

¶7

WITH COMPANY PETITION NO.573 OF 1994

¶8

Khimji M. Shah & Ors.

¶9

..Petitioners.

¶10

Vs.

¶11

Ratilal Damodardas Modi & Ors.

¶12

..Respondents.

¶13

None present.

¶14

WITH COMPANY PETITION NO.612 OF 1994

¶15

No Record and Proceedings

¶16

WITH COMPANY PETITION NO.656 OF 1994

¶17

No Record and Proceedings

¶18

WITH COMPANY PETITION NO.718 OF 1994

¶19

No Record and Proceedings

¶20

WITH

¶21

COMPANY PETITION NO.738 OF 1994

¶22

No Record and Proceedings

¶23

WITH

¶24

COMPANY PETITION NO.280 OF 1995

¶25

¶26

Sunil K. Puri & Ors. Vs.

¶27

..Petitioners.

¶28

Mechcon Engg. Pvt. Ltd. & Ors. ..Respondents.

¶29

Mr. C.D. Patel i/b Hemant Sethi for the Respondent.

¶30

WITH COMPANY PETITION NO.393 OF 1995 WITH COMPANY APPICATION NO.334 OF 1995

Fibre Foils Ltd.

..Petitioner.

Vs.

Fibre Foils Ltd. With Fibre Shells Ltd.

¶35

..Respondent.

¶36

WITH

¶37

COMPANY PETITION NO.395 OF 1995

¶38

Dalmia Cement (Bharat) Ltd. Vs.

¶39

..Petitioner.

¶40

Foremost Inds. (I) Ltd. ..Respondent.

¶41

WITH

¶42

COMPANY PETITION NO.634 OF 1995

¶43

No Record and Proceedings

¶44

CORAM: DR. D.Y. CHANDRACHUD, J.

¶45

21^st March, 2007.

¶46

P.C. :

¶47

This batch of matters has been placed for directions

¶48

¶49

before the Court. The Company Registrar has informed the Court that the proceedings are not traceable and in all probabilities the parties have lost interest in pursuing the proceedings. None of the advocates appearing on behalf of the contesting parties are present. In these circumstances, it would be appropriate to pass the following order :

¶50

i) The Company Petitions are dismissed for want of prosecution;

¶51

ii) In the event that any of the Petitioners are interested in pursuing the proceedings arising out of the Company Petitions, the learned advocates concerned shall within a period of two weeks inform the Company Registrar and take steps within a period of four weeks thereafter for reconstructing the record. In that event, the Company Registrar shall place the concerned Petitions before the Court for further directions;

¶52

iii) In the event that any of the companies who are Respondents to the proceedings have already been wound up, the Petitioners would be at liberty to pursue their claims in liquidation.

Sunil K.Puri and Ors. v. Mechcon Engg.Pvt.Ltd and Ors.

Case brief

What is this about?

What did the court decide?

Sunil K.Puri and Ors. v. Mechcon Engg.Pvt.Ltd and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Canara Bank Vs M/S.Amrish Metal Trading Corporation and 4 Ors.

paresh laxmichand shah Vs hitesh shah

Creation Publicity Pvt. Ltd. Vs M/S. S.P. Builders and Ors.

P.M.Karwat Vs Devidayal Sales P.Ltd.

M/S,Microfinish Valves Pvt. Ltd. Vs M/S.Ballestra (I) Ltd.

New (I)Electricals Industries Co.P.Ltd. Vs Nissen Transfarmers P.Ltd.