This short order deals with a company appeal seeking condonation of delay and recall of an earlier dismissal order.
Condonation of delay. Recall and set aside of order dismissing Company Application (L) No. 337 of 2013 for want of prosecution and restoration on merits with a two-week timeframe.
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.
1006-CAL-259-2014
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 259 OF 2014
IN
COMPANY APPLICATION (L) NO. 337 OF 2013
IN
COMPANY PETITION NO. 614 of 2006
IN
BIFR CASE NO. 238 OF 2001
The Saraswat Cooperative Bank Limited … Applicant IN THE MATTER BETWEEN : M/s. Enva Chem Limited … Petitioner Versus The OL, High Court, Bombay … Respondent
Mr. Manish P.C. i/b. Kaikini Phadke and Associates the Applicant.
CORAM : S.J. KATHAWALLA, J. DATED : 27TH MARCH, 2015
P.C.:
“(a) that this Hon'ble Court be pleased to condone the delay
in filing present Company Application.
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(b) that this Hon'ble Court be pleased to recall and set aside the order dated 23rd March, 2014 passed by this Hon'ble Court dismissing the Company Application (L) No. 337 of 2013 for want of prosecution under O.S. Rule 986 ; restore the same on the file of this Hon'ble Court and allow the Applicant to remove office objections in Company Application within a period of two weeks from the date of order and proceed on merits”.
2 issues framed by the court
Whether condonation of delay in filing a company application under Article 257 of the Constitution is warranted here.
Whether to recall and set aside an earlier order dismissing the application for want of prosecution and restore the matter for hearing on merits.
2 provisions across 2 enactments
The Saraswat Cooperative Bank Limited
M/s. Enva Chem Limited
Ol, High Court, Bombay
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
