Allowed

Prasad Mhatre v. the Official Liquidator of City Limouzines (India) Limited (in Liquidation)

Bombay HC7 Jul 2014CA/170/2014

Case brief

AI extract

What is this about?

This High Court of Bombay allowed a company application seeking leave under Section 446 of the Companies Act, 1956, impleading the Official Liquidator as a defendant in an underlying suit against a company in liquidation and permitted consequential amendments to the plaint.

What did the court decide?

Leave to implead the Official Liquidator in Suit No. 806 of 2010 and permission to carry out consequential amendments to the plaint.

Prasad Mhatre Vs the Official Liquidator of City… — Company and Corporate | Bombay HC (2014)

Nitin

937-CA-170-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY APPLICATION NO. 170 OF 2014

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COMPANY PETITION NO. 234 OF 2010

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CITY CIVIL COURT BOMBAY SUIT NO. 806 OF 2010 Mrs. Shobhana Sahadev Shah … Applicant

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IN THE MATTER BETWEEN :
Prasad Mhatre	… Petitioner
Versus
The OL of City Limouzines (India) Limited	… Respondent

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Ms. Kavita Shah for the Applicant.

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Ms. Yogini, Assistant OL, present.

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CORAM: S.J. KATHAWALLA, J. DATE: 07TH JULY, 2014

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P.C.:

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Perused the above Company Application and Affidavit in support

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thereto. For the reasons set out in the Affidavit in support of the above Company Application, the above Company Application is allowed in terms of prayer clause (a) and (b), which are reproduced hereunder :

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“(a) That Leave under Section 446 of the

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Companies Act, 1956 be granted by this Court to the

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Applicant to implead the Official Liquidator of High

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Nitin

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2 937-CA-170-2014

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Court, Bombay as Defendant No. 1(a) in Suit No. 806 of 2010 filed by the Applicant against the Respondent Company (in liquidation) in the City Civil Court, Bombay. (b) That the Applicant be permitted to carryout consequential amendments in the Plaint of the Suit No. 806 of 2010 as may be necessary by reason of the order herein”.

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Amendments to be carried out within a period of two weeks from the date of this order. The above Company Application is accordingly disposed.

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( S.J.KATHAWALLA, J. )

Prasad Mhatre v. the Official Liquidator of City Limouzines (India) Limited (in Liquidation)

Case brief

What is this about?

What did the court decide?

Prasad Mhatre v. the Official Liquidator of City Limouzines (India) Limited (in Liquidation)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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