Allowed

Khandeshspinning and Weaving Mills Company Ltd. v. the Official Liquidator, High Court, Mumbai of Khandesh Spinning and Weaving Mills Co. Ltd.

Bombay HC19 Mar 2014CA/144/2014

Case brief

AI extract

What is this about?

This court allowed leave to amend Company Application No. 449 of 2013. The applicant was permitted to add Shri. Tulsiram Jitumal Mistry as a party respondent and issue notice to him regarding the properties involved.

What did the court decide?

Leave granted to add Shri. Tulsiram Jitumal Mistry as a party respondent and to issue notice to him.

Khandeshspinning and Weaving Mills Company… — Civil Procedure and Limitation | Bombay HC (2014)

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911-CAL46-2014.DOC

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Vishal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.46 OF 2014

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IN

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COMPANY APPLICATION NO.449 OF 2013

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IN

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COMPANY APPLICATION NO.420 OF 2011

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IN

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COMPANY PETITION NO.59 OF 1984

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Index Tissues Private Limited...Petitioner
And

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Khandesh Spinning and Weaving Mill Co. Ltd....Applicant
And
The Official Liquidator, High Court..Respondent

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Mr. Vedchetan Patil for the Applicant
Ms. Rupa Sutar,the Asstt. Official Liquidator

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CORAM: G.S. PATEL, J DATED: 19th MARCH, 2014

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PC:-

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1.Company Application (L) No. 46 of 2014 is not listed today.
It is merely for leave to amend the main Company Application
No.449 of 2013. Mr. Patil, learned advocate for the applicant, points
out that there has been an inadvertent omission requiring the filing
of this Company Application (L) No.46 of 2014 for amendment.

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1 of 2

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911-CAL46-2014.DOC

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2.Having heard Mr. Patil, and for the reasons set out in the
affidavit in support, Company Application (L) No.46 of 2014 is
made absolute in terms of prayer clauses (1) and (2) which read as
follows:

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(1) That this Court be pleased to allow the applicant to add the purchaser Shri. Tulsiram Jitumal Mistry, having his residential address at Bhikamchand Nagar, Pimprala Road, Tal.Jalgaon, DistrictJalgaon, of the properties mentioned in the affidavitg in support of the present Company Application as a party respondent.

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(2) That this Court be pleased to issue notice to said Shri. Tulsiram Jitumal Mistry through Bailiff Jalgaon Civil Court.

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3. Amendment to be carried out on ore before 4th April 2014.

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4. Compliance with office objections in this Company Application is dispensed with. Registry is directed to number Company Application (L) No.46 of 2014 at the earliest.

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5. Company Application No.449 of 2013 to be listed on 8th April 2014.

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6. Liberty to the applicants to apply in the event that there is any encroachment or attempt to create third party rights in respect of property in question.

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(G. S. PATEL, J.)

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Khandeshspinning and Weaving Mills Company Ltd. v. the Official Liquidator, High Court, Mumbai of Khandesh Spinning and Weaving Mills Co. Ltd.

Case brief

What is this about?

What did the court decide?

Khandeshspinning and Weaving Mills Company Ltd. v. the Official Liquidator, High Court, Mumbai of Khandesh Spinning and Weaving Mills Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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