Partly allowed

Kaushik Dave and Ors. v. the Official Liquidator of M/S Swadeshi Mills Co.Ltd.

Bombay HC3 Apr 2014CA/410/2014

Case brief

AI extract

What is this about?

This is an interim order where the High Court Bench marked a Court Application handled for the purpose of amendment of a marked company application titled with an intention of amendment of another company application wherein the presence of Bombay Municipal Corporation was directed at the hearing on supplementary board and the presence of Bombay Municipal Corporation being necessary at the hearing

What did the court decide?

The company application is not on board, now marked and necessary to keep BMC Presence hanging on the matter regarding the imminent danger of collapse to the building for the purpose of civil how comp

Kaushik Dave and Ors. Vs the Official Liquidator of M/S… — Company and Corporate | Bombay HC (2014)

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908-CAL66-14.DOC

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Agk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 342 OF 2013

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WITH

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COMPANY APPLICATION (L) NO. 66 OF 2014

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IN

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COMPANY APPLICATION NO. 342 OF 2013

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IN

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COMPANY PETITION NO.385 OF 2002

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Kaushik Dave and others…Applicants
Versus
The Official Liquidator of M/s. Swadeshi Mills …Respondents
Co. Limited

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Mr. A.A. Thakkar, i/by Vinod Mistry & Co., for the Applicants in
CA (L) No.66 of 2014.

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Mr. Venkatesh Dhond, Senior Advocate, with Mr. Tapan
Deshpande and Mr. Vikash Jha, i/by Amarchand &
Mangaldas & Suresh A. Shroff & Co., for Respondent No.2.
Mr. Cyrus Ardeshir, with Mr. Tapan Deshpande and Mr. Vikash
Jha, i/by Amarchand & Mangaldas & Suresh A. Shroff & Co.,
for Respondent No.3.

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Mr XYZ for the BMC.

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CORAM:G.S. PATEL, J
DATED:3rd April 2014

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908-CAL66-14.DOC

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PC:-

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1.Company Application (L) No. 66 of 2014 is not on board.
Mentioned. By consent, taken on board and called out for final
disposal. Any pending office objections are dispensed with.
Registry is directed to register Company Application (L) No. 66 of
2014 as expeditiously as possible.

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2.This Company Application seeks an amendment of another
Company Application No. 342 of 2013. Certain changes are
required to be made in the cause title of that Company Application,
as also corresponding consequential changes.

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3.For the reasons set out in the affidavit in support, Company
Application (L) No. 66 of 2014 is made absolute in terms of prayer
clause (a). Amendment to be carried out on or before 11th April
2014.

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4.The presence of Bombay Municipal Corporation (“BMC”)
is necessary at the hearing of Company Application No.342 of
2013. The BMC has informed the Liquidator of Swadeshi Mills
Company Limited that the structure in question is in imminent
danger of collapse. There are nearly 116 occupants in that structure
at present.

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5.Before the question of whether the applicants (the occupants
of the building), can be granted the relief is considered, it will be
necessary to ascertain more precisely the structural condition of the
building and whether it poses an imminent danger to its occupants.

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908-CAL66-14.DOC

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If some temporary measures need to be taken to maintain the
structural stability of the building, that is an issue that will need to
be addressed first.

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6.List the Company Application No. 342 of 2013 on the
supplementary board on 11th April 2014.

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7.The Official Liquidator shall immediately give notice to the
BMC and furnish BMC’s Legal Department with two extra set of
papers.

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8.Liberty to the applicants to file their rejoinder in the registry.
This shall be done on or before the next date.

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9.Mr. Dhond, learned senior counsel appearing for the 2nd
respondent, will file an affidavit setting on record the order dated
27th January 2014 passed by the Supreme Court, as also the
application on which that order was made.

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(G. S. PATEL, J.)

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Kaushik Dave and Ors. v. the Official Liquidator of M/S Swadeshi Mills Co.Ltd.

Case brief

What is this about?

What did the court decide?

Kaushik Dave and Ors. v. the Official Liquidator of M/S Swadeshi 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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