The High Court permitted the withdrawal of a summary suit where the defendant was wound up, reserving the plaintiffs' liberty to prove the claim before the Official Liquidator.
Suit permitted to be withdrawn with liberty reserved to prove claim before the Liquidator; court fees refundable.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.462 OF 1997
Nilmac Packaging Industries Ltd. ..Plaintiffs
Vs.
Snamp Pharma Pvt. Ltd. ..Defendants
Mr. Phiroze Mehta i/b M/s Desai Berjis & Chinoy for the Plaintiffs
None for the Defendants
CORAM: DR. D.Y. CHANDRACHUD, J.
DATE: 8th October , 2009
P.C. :
Counsel for the Plaintiffs states that the Defendants have been wound up and the Official Liquidator has been appointed as Liquidator. In the circumstances, on the request made before the Court by Counsel, the Suit is permitted to be withdrawn with liberty reserved to the Plaintiffs to prove the claim before the Liquidator in accordance with law. There shall be a refund of Court Fees, if any, as per rules.
(Dr. D.Y.Chandrachud, J)
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
