The High Court at Bombay considered an application by a director of a respondent company in liquidation seeking exemption from personal appearance in a contempt proceeding due to brain cancer, noting the lack of representation by the petitioner.
Exemption from personal appearance in Contempt Petition No. 4 of 2002 granted.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO. 167 OF 2016 IN COMPANY PETITION NO. 04 OF 2002 IN COMPANY PETITION NO. 51 OF 2001
Ashwin Sheth ... Applicant.
In the matter between :
Videocon International Limited … Petitioner.
V/s. Sharp Industries Ltd., (In liquidation) and others. … Respondents.
Mr. M. P. S. Rao, Senior Advocate a/w. Mr. Dinesh Kumar Dubey i/by D. A. Dubey & Co. for the Applicant.
Ms. Yogini Chauhan, Dy. O.L. is present.
CORAM : B. P. COLABAWALLA, J. DATE : MARCH 31, 2016.
P.C. :
1 This Company Application has been filed by one Mr. Ashwin Sheth, who is a director of the Respondent Company in liquidation seeking exemption from his personal appearance before this court in Contempt Petition No. 4 of 2002. Exemption is sought on the ground that the Applicant is suffering from brain cancer, as is evidenced from the medical
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report of P.D. Hinduja National Hospital & Medical Research Centre (Department of Imaging) which is annexed at Exh. “A” to this Company Application.
2 A copy of this Company Application was served on the Petitioner's Advocate on 11th March, 2016. Despite service, none have appeared on behalf of the Petitioner, opposing this application. Learned counsel appearing on behalf of the Applicant undertakes to file an affidavit of service within a period of one week from today.
3 Considering the aforesaid peculiar facts and circumstances of the case, this Company Application is allowed in terms of prayer clause (a). There shall be no order as to costs.
(B.P.COLABAWALLA,J.)
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1 issue framed by the court
Whether to grant exemption from personal appearance in a contempt petition to the applicant who is suffering from brain cancer.
Ashwin Sheth
Videocon International Limited
Sharp Industries Ltd.
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
