This single-line order allowed the plaintiff to withdraw a summary suit against a wound-up company, granting liberty to file a claim with the Official Liquidator.
Suit disposed of as withdrawn with liberty to file claim with the Official Liquidator within six months.
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.
Nitin
923-SS-6823-1999
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 6823 OF 1999
Reliance Industries Limited … Plaintiff Versus
Enkay Texofood Industries Limited … Defendant
Mr. R.P.Badiani i/b. A.S. Dayal & Associates for Plaintiff Mr.A. Patil i/b. Mansukhlal & Hiralal & Company for Defendants
CORAM: S.J. KATHAWALLA, J. DATE: 3RD JULY, 2014
P.C.:
The Defendant Company has been wound up by an order dated 1st July, 2011 passed in Company Petition No. 694 of 2000 and the OL has been appointed as the Liquidator of the said Company with all powers under the provisions of the Companies Act, 1956. In view thereof, the Learned Advocate appearing for the Plaintiff on instructions seeks to withdraw the above Summary Suit with liberty to file his claim before the OL for adjudication. The above Summary Suit is accordingly disposed of as withdrawn with liberty to the Plaintiff to file its claim with the OL, which claim the OL shall adjudicate within a period of six months from the date of its filing. Refund of Court Fees, if any, as per Rules.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
