The High Court made absolute a notice of motion by the appellants, considering the pendency of winding up proceedings. The court directed investment of a deposited sum of Rs. 2,00,000 until the appeal's disposal.
Notice of motion made absolute; sum of Rs. 20,00,000 invested in a nationalised bank till disposal of appeal.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.388 OF 2007
IN
APPEAL NO.61 OF 2007
IN
NOTICE OF MOTION NO.857 OF 2006
IN
SUMMONS FOR JUDGMENT NO.568 OF 2004
IN
SUMMARY SUIT NO.1280 OF 2003
M/s. Crystal Audio Limited .... Appellants
Vs.
M/s. Videocon International Ltd. .... Respondents
Sarvasri Rohit Kapadia, Senior Counsel,
with Y.N. Adhia for the Appellants.
Sarvasri R.D. Soni with M.A. Sayeed,
Advocates i/b M/s. Ram & Co. for the
Respondents.
CORAM: R.M.S. KHANDEPARKAR &
D.G. KARNIK, JJ.
DATED: MARCH 28, 2007
P.C:
1. Heard. At this stage, and particularly considering
the pendency of the winding up proceedings initiated
against the appellants, the notice of motion is made
absolute in terms of the prayer clause (a).
2. Liberty to the respondents to move for modification
of this order as and when occasion arises.
3. The amount of Rs.20,00,000/- stated to have been
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deposited in the Court shall be invested in any
nationalised Bank initially for a period of one year and
shall be kept so invested till the disposal of the
present Appeal.
4. The notice of motion stands disposed of.
(D.G.Karnik, J.) (R.M.S.Khandeparkar, J.)
sjs/m7nm388.7
1 issue framed by the court
Whether a notice of motion should be made absolute in view of pendency of winding up proceedings.
1 provisions across 1 enactments
M/s. Crystal Audio Limited
M/s. Videocon International Ltd.
R.M.S. Khandeparkar
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court