Allowed

Mahindra Logistics Ltd. v. Nitco Tiles Ltd.

Bombay HC4 Apr 2013CA/113/2013

Case brief

AI extract

What is this about?

This company application sought restoration of a company petition by condoning a delay of 194 days in removing office objections. The court allowed the application, restoring the petition to its file and directing the applicant to remove objections within two weeks under penalty of dismissal.

What did the court decide?

Company petition restored to file; applicant directed to remove objections within two weeks.

Mahindra Logistics Ltd. Vs Nitco Tiles Ltd. — Civil Procedure and Limitation | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY APPLICATION No. 113 OF 2013

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COMPANY PETITION NO. 565 OF 2011

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Mahindra Logistics Ltd. ..Applicant./Petitioner. Versus NITCO Tiles Ltd.. ..Respondent.

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Mr. Rohan Sonawane for the Applicant.

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Coram : RANJIT MORE, J. Date : April 4, 2013 .

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P. C. :

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This company application is filed for restoration of above company petition by condoning the delay of 194 days. Company petition appeared before the Prothonotary of this Court on 24^th February 2012. Since there were objections, the Applicant was granted time to remove the same within the stipulated period failing which it was clarified that petition would stand rejected. Objections could not be removed within the stipulated time, resultantly, petition came to be dismissed for non prosecution.

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Since petition was dismissed even prior to the

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issuance of notice to the Respondent, respondent's presence can be dispensed with for the purpose of this application.

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Learned Counsel for the Applicant states that if petition is restored to the file, he will remove office objections within two weeks from today.

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I have gone through affidavit-in-support of application. The Applicant has given satisfactory reasons for his failure to remove office objections within stipulated time. Delay occurred in filing the instant application is also sufficiently explained. In the circumstances, I am of view that indulgence deserves to be shown to the Applicant. In that view of the matter, application is allowed in terms of prayer clauses (a) and (b). Company Petition stands restored to its file.

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The Applicant shall remove office objections within two weeks from today. Failure to remove office objections within time stipulated, shall result in automatic dismissal of the company petition without further reference to this Court.

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Company application stands disposed of.

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[RANJIT MORE, J.]

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Mahindra Logistics Ltd. v. Nitco Tiles Ltd.

Case brief

What is this about?

What did the court decide?

Mahindra Logistics Ltd. v. Nitco Tiles Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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