The court disposed of a company application seeking leave to file a suit for money recovery. It held that the application did not survive following the recall of the winding up order.
Application disposed of as it did not survive the recall of the winding up order.
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41.ca.790.2015.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO.790 OF 2015 IN
COMPANY PETITION NO. 289 OF 2013
IFCI Factors Ltd. ...Applicant. In the matter between Jamnadas Mathuradas ...Petitioner vs Amar Remedies Ltd. ...Respondent.
Ms Anubha Rastogi for the Applicant.
Mr Amol Kumeria i/b Yogendra Kanchan for the Respondent.
CORAM : S.C. GUPTE, J.
OCTOBER 08, 2015
P.C. :
This application seeks leave to file a suit for recovery of money against the company and others. Since the date of filing of this application, the winding up order has been recalled and set aside, and the Official Liquidator has been discharged. The Company Application does not, in the premises, survive and the same is disposed of accordingly.
( S.C.GUPTE J. )
Pg 1 of 2
41.ca.790.2015.doc
CERTIFICATE
Certified to be true and correct copy of the original signed Judgment/ Order.
Pg 2 of 2
1 issue framed by the court
Whether a company application for leave to file a suit survives following the recall of a winding up order and discharge of the official liquidator.
IFCI Factors Ltd.
Jamnadas Mathuradas
Amar Remedies Ltd.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
