Disposed

Udhav Eknath Aher v. Official Liquidator of B K Paper Mills Ltd.

Bombay HC8 Dec 2016CA/655/2016

Case brief

AI extract

What is this about?

The High Court permitted an applicant to intervene in a companion application for the revival of a company and allowed intervention to file a reply. An application seeking a permanent stay of winding up was adjourned to enable the new participant to file a response.

What did the court decide?

Intervention allowed; application for stay of winding up stood over to 18 January 2017.

Udhav Eknath Aher Vs Official Liquidator of B K… — Insolvency and Bankruptcy | Bombay HC (2016)

¶1

CAL 536-16.doc

¶2

1/3

¶3

Chittewan

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶5

COMPANY APPLICATION (L) NO.536 OF 2016 IN

¶6

COMPANY PETITION NO.1044 OF 1997

¶7

Snesh Kumar Anantrao Sawant And Another … Applicants Versus The Official Liquidator of M/s B.K. Paper Mills Ltd. … Respondent

¶8

WITH COMPANY APPLICATION NO.268 OF 2010

¶9

¶10

COMPANY PETITION NO.1044 OF 1997 A/W OFFICIAL LIQUIDATOR REPORT

¶11

Sameer Lakhani … Applicant Versus The Official Liquidator of B.K. Paper Mills Ltd. (in Liqn.) … Respondent

¶12

WITH COMPANY APPLICATION NO.805 OF 2015

¶13

¶14

COMPANY PETITION NO.1044 OF 1997

¶15

Paper Chase International … Applicant Versus The Official Liquidator of B.K. Paper Mills Ltd. … Respondent

¶16

… Respondent

¶17

WITH COMPANY APPLICATION (L) NO.846 OF 2015

¶18

IN COMPANY APPLICATION NO.268 OF 2010

¶19

CAL 536-16.doc

¶20

Chittewan 2/3		34.
Udhav Eknath Aher Versus	…	Applicant
The Official Liquidator of B.K. Paper
Mills Ltd. (in Liqn.)	…	Respondent

¶21

Mr. Amey Patil i/b M/s Vivek Kantawala & Co., for the Applicant in C.A/805/2016 and Petitioner in CP/1044/1997.

¶22

Mr. Vachan Bodke i/b Chitnis Vaithy & Co., for Ex-Director-Sameer Lakhani/for Applicant in CA/268/2010.

¶23

Mr. N.M. Ganguli for workmen/Applicant in CAL/846/2015. Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator.

¶24

CORAM : S.C.GUPTE, J. DATE : 8 DECEMBER 2016.

¶25

P.C. :

¶26

COMPANY APPLICATION (L) NO.846 OF 2015

¶27

. This company application seeks an order permitting intervention in companion company application filed by Ex-Director of the company (in Liqn.) for revival of the company. The company application, which is not seriously opposed by any stakeholder, is allowed by permitting the Applicant to intervene in company application No.268 of 2010. A copy of company application No.268 of 2010 be furnished to the Applicant. The Applicant shall file his reply to the company application within a period of three weeks after service. Company Application is disposed of accordingly.

¶28

COMPANY APPLICATION NO.268 OF 2010

¶29

2 This application is filed by an Ex-Director of the company (in Liqn.) seeking an order of permanent stay of winding up of the company under

¶30

CAL 536-16.doc

¶31

3/3

¶32

Chittewan

¶33

Section 446 of the Companies Act, 1956.

¶34

3 By an order passed in companion Company Application (L) No.846 of 2015, a third party is allowed to intervene in the application and also allowed to file a reply to the company application. Accordingly, this application is stood over to 18 January 2017.

¶35

(S.C.GUPTE, J.)

Udhav Eknath Aher v. Official Liquidator of B K Paper Mills Ltd.

Case brief

What is this about?

What did the court decide?

Udhav Eknath Aher v. Official Liquidator of B K Paper Mills Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mrs. Mahalaxmi Joginder Singh Kahaan Vs -----------------------------------

Abdulla Nurulla Merchant Vs Vithalbhai Narayan Merchant and 10 Ors. and Ramesh Maganlal Merchant (Petitioner Orig. Def NO.8)

Pure Gold (India) Private Limited Vs Pramod Kishanlal Jain

Masscorp Ltd. Vs Ameet Enterprizes

Navin Keswani Vs the Official Liquidator of Aluplex India Private Limited

Canara Bank Vs the Official Liquidator of M/S Pristine Switchgears India Pvt. Ltd.