In these proceedings, it was observed that since a suit for vacant and peaceful possession has already been filed by the applicant against the official liquidator, the question of granting possession did not arise. The company application was accordingly dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
COMPANY APPLICATION NO.195 OF 2009
IN
OFFICIAL LIQUIDATOR’S REPORT NO.OLR/27/08/LIQN/III IN
COMPANY PETITION NO.540 OF 2003.
Ravi David Soans & Anr. .. Petitioners/Applicants.
vs.
The Official Liquidator of M/s. Noel Pharmaceuticals Ltd. .. Respondent.
Ms. Raji Subramanian, i/b. K.V. Aiyar & Associates, for Applicants. Mr. Devasis Mitra, for Official Liquidator. Official Liquidator, present.
CORAM : S.J.KATHAWALLA, J. DATE : 24TH JULY 2009.
P.C.
Since suit no.39/47 of 2007 is already filed by the
applicant against the official liquidator in Small Causes Court,
Mumbai, seeking vacant and peaceful possession of Gala nos. 7 and 8
in the building known as Ravi-Prakash, situated at off A.V. Nagwekar
Marg, Prabhadevi, Mumbai-400 025, the question of granting the
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relief of handing over the possession by the official liquidator to the
applicants does not arise.
order as to costs.
[ S.J.KATHAWALLA, J. ]
Ravi David Soans & Anr.
The Official Liquidator of M/s. Noel Pharmaceuticals Ltd.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
