The Bombay High Court disposed of four company appeals arising from the same underlying matter. Based on the counsel's submission and the Supreme Court's direction, the court allowed the appeals by setting aside the impugned orders.
The impugned order dated 22nd June 2009 was set aside and the appeals were allowed.
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.
905.COAPP-87-2009
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPEAL NO.87 OF 2009 IN CLB/COMPANY PETITION NO.52 OF 2008
M/s. Pankaj Aluminium Industries Pvt. Ltd.
….Appellant
Vs.
Smt. Sejal A. Shah ….Respondent
WITH COMPANY APPEAL NO.88 OF 2009 IN
CLB/COMPANY PETITION NO.51 OF 2008
M/s. Pankaj Aluminium Industries Pvt. Ltd.
….Appellant
Vs.
Amit P. Shah & Ors.
….Respondents
WITH
COMPANY APPEAL NO.89 OF 2009 IN
CLB/COMPANY PETITION NO.50 OF 2008
M/s. Pankaj Aluminium Industries Pvt. Ltd. ….Appellant
Vs.
Smt. Manjula P. Shah & Ors. ….Respondents
WITH COMPANY APPEAL NO.90 OF 2009 IN
CLB/COMPANY PETITION NO.44 OF 2008
M/s. Pankaj Aluminium Industries Pvt. Ltd. ….Appellant
Vs.
Pravinchandra N. Shah ….Respondent
Mr. Shadab Khan i/b. Raji Subramanium for the appellants in all appeals. Mr. Ganeshmurthy i/b. K. Vaiyar & Associates for the respondent nos.2 and 3 in all appeals.
CORAM : K.R.SHRIRAM,J DATE : 05th FEBRUARY, 2016
Gauri Gaekwad
905.COAPP-87-2009
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P.C.:-
1 The counsel for the appellant in all the above mentioned appeals states that all the respondents have been served but, except respondent nos.2 and 3, nobody is present.
2 The counsel for the appellant and counsel for the respondent nos.2 and 3 state that on the basis of and in view of the judgment and order dated 7th July, 2010 passed by a Single Judge of this court (S.J. Vazifdar) in Company Appeal No.59 and 53 of 2009 and judgment and order dated 17th February, 2012 by the Gujarat High Court in Company Appeal No.57 and 58 of 2010, by consent the appeal may be allowed and the impugned order dated 22nd June, 2009 be set aside.
3 In view thereof, the order dated 22nd June, 2009 impugned in the appeal is hereby set aside.
4 The appeals are accordingly disposed. Interim applications, if any, also stand disposed.
(K.R.SHRIRAM,J)
Gauri Gaekwad
M/s. Pankaj Aluminium Industries Pvt. Ltd.
Smt. Sejal A. Shah
Amit P. Shah
Smt. Manjula P. Shah
Pravinchandra N. Shah
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
