Petitions were disposed of as withdrawn. The High Court restored a company petition and allowed its withdrawal with liberty to file a fresh petition on the grounds of procedural obstructions.
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.
16.CP-862-2015
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.862 OF 2015
Enexco Teknologies India Ltd. ….Petitioner
Vs.
ABG Cements Limited ….Respondent
WITH COMPANY APPLICATION (L) NO.845 OF 2015 IN
COMPANY PETITION NO.835 OF 2014
Enexco Teknologies India Ltd. ….Applicant/Petitioner
Vs.
ABG Cements Limited ….Respondent
Mr. Nelson Rajan P.V. for the petitioner.
None for the respondent.
CORAM : K.R.SHRIRAM,J DATE : 11th January, 2016
P.C.:-
CP/862/2015
1 The counsel for the petitioner states that in view of the company application lodging no.845 of 2015 which is pending in this court, he has instructions to withdraw the present petition.
2 The petition is disposed as withdrawn with liberty to file a fresh petition, should the need arise.
Gauri Gaekwad
16.CP-862-2015
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CAL/845/2015
1 This application is for restoring the company petition lodging no.156 of 2014 after recalling the order dated 15th November, 2014 and after restoration to permit the petitioner to withdraw the said petition.
2 The counsel for the petitioner submits that the objections raised were so enormous that it was difficult to remove office objections and on 15th November, 2014 when the matter listed before His Lordship Justice S.J. Kathawalla, the counsel was not in Bombay and hence he could not withdraw the petition with liberty to file a fresh petition.
3 I have heard the submissions of the counsel for the petitioner and also considered the affidavit in support of the company application. In view thereof, this is a fit case to recall the order passed on 15th November, 2014.
4 The order, therefore, is recalled and the petition is restored to
file.
5 As requested by the counsel for the petitioner, the company petition lodging no.156 of 2014 which is numbered as company petition
Gauri Gaekwad
16.CP-862-2015
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no.835 of 2014 is allowed to be withdrawn with liberty to file a fresh petition.
6 The company petition no.835 of 2014 is disposed as withdrawn.
(K.R.SHRIRAM,J)
Gauri Gaekwad
Enexco Teknologies India Ltd.
ABG Cements Limited
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
