Disposed

Reshma Manohar Dodeja v. Vistar Metal Industries Pvt. Ltd., Cin NOU27101MH2009PTC192733

Bombay HC6 Jul 2018CP/516/2016

Case brief

AI extract

What is this about?

The High Court disposed of two company petitions where the respondent company deposited the claimed amount. The court directed the petitioner to file a civil suit within four weeks, retaining the sum as security. Failure to file would entitle the respondent to recover the deposit. Pending appeals were also withdrawn.

What did the court decide?

Petitions disposed. Rs.5 lakhs retained as fixed deposit security for prospective civil suit. Suit to be filed within four weeks. Deposit returnable if suit not filed on time.

Reshma Manohar Dodeja Vs Vistar Metal Industries Pvt… — Company and Corporate | Bombay HC (2018)

¶1

¶2

6.cp.516.2016=.doc

¶3

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

¶4

COMPANY PETITION NO. 516 OF 2016

¶5

Reshma Manohar Dodeja .. Petitioner Vs. Vistar Metal Industries Pvt. Ltd. .. Respondent WITH COMPANY PETITION NO. 556 OF 2016 Karan Manohar Dodeja .. Petitioner Vs. Vistar Metal Industries Pvt. Ltd.. .. Respondent

¶6

Ms.Kavita S. Lalwani for petitioner in both petitions. Mr.Sandeep Ladda for respondent. Mr.Mani Ravi, Director of respondent present in Court.

¶7

CORAM : K.R.SHRIRAM, J. DATE : 6^TH JULY 2018

¶8

P.C.

¶9

COMPANY PETITION NO. 556 OF 2016

¶10

1 The petition came to be admitted by an order dated 12^th February 2018. Against this order and before the petition was advertised, respondent company filed an appeal being Appeal (Lodg.) No.182 of 2018 which was taken up for hearing on 10^th April 2018. At the time of admission, the counsel for respondent-company made a statement that the company will deposit a sum of Rs.5 lakhs within three weeks. The principal amount claimed in the petition is Rs.5 lakhs. In view thereof, the order of admission was stayed. Ms. Lalwani states that the company has deposited an amount of Rs.5 lakhs with the Prothonotary and Senior Master, High Court, Bombay.

1/4

Shraddha Talekar PS

6.cp.516.2016=.doc

2 Therefore, in my view, nothing survives in this petition and the petition stands disposed.

¶16

3 Ms.Lalwani states plaintiff will now file a suit in the appropriate forum and this amount of Rs.5 lakhs be retained by the Prothonotary and Senior Master High Court Bombay towards security in the proposed suit to be filed.

¶17

4 Ms. Lalwani states that the suit will be filed within four weeks from today.

¶18

5 In view of this statement made by Ms. Lalwani, petition stands disposed. The amount of Rs.5 lakhs to be kept invested by the Prothonotary and Senior Master in fixed deposit with a nationalized bank to the credit of the suit to be filed by petitioner. The suit to be filed within four weeks from today and within two weeks thereafter, petitioner should inform the Prothonotary in writing that such a suit has been filed and give details of the suit so that necessary notings can be made against the investment.

¶19

If the suit is not filed within four weeks from today, respondentcompany will be at liberty to apply to the Prothonotary for return of Rs.5 lakhs deposited.

2/4

Shraddha Talekar PS

6.cp.516.2016=.doc

6 Petition accordingly disposed.

¶25

COMPANY PETITION NO. 516 OF 2016

¶26

7 The petition came to be admitted by an order dated 12^th February 2018. Against this order and before the petition was advertised, respondent company filed an appeal being Appeal (Lodg.) No.149 of 2018 which was taken up for hearing on 27^th March 2018 read with the order dated 4^th April 2018. At the time of admission, the counsel for respondent-company made a statement that the company will deposit a sum of Rs.5 lakhs within three weeks. The principal amount claimed in the petition is Rs.5 lakhs. In view thereof, the order of admission was stayed. Ms. Lalwani states that the company has deposited an amount of Rs.5 lakhs with the Prothonotary and Senior Master, High Court, Bombay.

¶27

8 Therefore, in my view, nothing survives in this petition and the petition stands disposed.

¶28

9 Ms.Lalwani states plaintiff will now file a suit in the appropriate forum and this amount of Rs.5 lakhs be retained by the Prothonotary and Senior Master High Court Bombay towards security in the proposed suit to be filed.

¶29

10 Ms. Lalwani states that the suit will be filed within four weeks from today.

3/4

Shraddha Talekar PS

6.cp.516.2016=.doc

11 In view of this statement made by Ms. Lalwani, petition stands disposed. The amount of Rs.5 lakhs to be kept invested by the Prothonotary and Senior Master in fixed deposit with a nationalized bank to the credit of the suit to be filed by petitioner. The suit to be filed within four weeks from today and within two weeks thereafter, plaintiff should inform the Prothonotary in writing that such a suit has been filed and give details of the suit so that necessary notings can be made against the investments.

¶35

If the suit is not filed within four weeks from today, respondentcompany will be at liberty to apply to the Prothonotary for return of Rs.5 lakhs deposited.

¶36

12 Petition accordingly disposed.

¶37

¶38

13 Shri Ladda appearing for respondent undertakes to remove all office objections in the appeal and have both the appeals numbered within one week from today and within this period, parties will also apply for withdrawal of both the appeals before the Appeal Court.

¶39

(K.R. SHRIRAM, J.)

¶40

4/4

¶41

Shraddha Talekar PS

Reshma Manohar Dodeja v. Vistar Metal Industries Pvt. Ltd., Cin NOU27101MH2009PTC192733

Case brief

What is this about?

What did the court decide?

Reshma Manohar Dodeja v. Vistar Metal Industries Pvt. Ltd., Cin NOU27101MH2009PTC192733

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Force Components Pvt.Ltd and Anr. Vs Manisha Parmar

M/S. Nik- San Engineering Co. Ltd. Vs M/S. Pravarsh Impex

M/S. Nik- San Engineering Co. Ltd. Vs M/S. Pravarsh Impex

Ashok Mohansing Bajaj Vs Italian Desigh Bagage Pvt. Ltd. Cin No. U74999MH2008PTC1871941

Standard Chartered Bank Vs Hindustan Dorr Oliver Ltd.

M/S Control Engineers Vs Hindustan Dorr Oliver Limited