This court allowed the Company Application (L) No. 819 of 2015 to recall an ex-parte order of admission. The application cited the unavoidable absence of the respondent's counsel due to his presence in London and Pune as justification.
allowed the Company Application in terms of prayer clauses (a) and (b) to permit the respondent to appear for admission.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.819 OF 2015 IN
COMPANY PETITION NO.208 OF 2014
| Massocorp Limited | … | Applicant |
|---|---|---|
| In the matter between : | ||
| Ameet Enterprises Versus |
… | Petitioner |
| Masscorp Limited | … ….. |
Respondent |
Mr. Nilesh Tribhuvan for the Applicant.
Mr. Chirag Mody, R. Soni And R. Parekh i/b DSK Legal for the Respondent/Original Petitioner.
CORAM : S.C.GUPTE, J.
DATE : 8 DECEMBER 2016.
P.C. :
. Heard learned Counsel for the parties.
2 This application seeks recall of an order of admission passed in the Company Petition. The order sought to be recalled was passed ex-parte. The reasons for absence of the Respondent and its Advocate are set out in the affidavit in support of the Company Application. It is explained in the affidavit that at the relevant time, the Advocate on record for the Respondent had been to London for presenting papers in Oxford University, and thereafter was in Pune for his LLM examination. He could not make any alternative arrangement for someone to appear in place and stead of
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him. Accordingly, the Applicant has made out a case explaining the circumstances in which, the Applicant could not be represented before the Court.
(S.C.GUPTE, J.)
2 issues framed by the court
Whether the applicant was entitled to have an ex-parte order of admission recalled due to unavoidable absence of record counsel?
Whether the Company Application under Company Application (L) No. 819 of 2015 deserves to be allowed?
1 provisions across 1 enactments
Massocorp Limited
Ameet Enterprises
Masscorp Limited
SC Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
