The single-judge Bench dismissed Company Petition No.700 of 2014 filed by Borouge Pte. Ltd. The petitioner failed to file an affidavit explaining a previous wrong statement regarding a BIFR order, despite being given notice.
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15.CP700.14.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.700 OF 2014
Borouge Pte. Ltd. )….Petitioner V/s. Multi Flex Lami Print Ltd. )....Respondent
Ms.Shivani Soni I/by Deven Dwarkadas for petitioner. None for respondent.
CORAM : K.R.SHRIRAM,J DATE : 9.7.2018
P.C.:-
present company petition was filed on 11.2.2014 the final reference order of the BIFR dated 20.10.2013 was already in existence and the petitioner had made wrong statement in paragraph 21A of the petition. As no affidavit explaining the wrong statement was filed by petitioner even though almost one year had passed since the order dated 7.7.2017 was passed, on 22.6.2018 petitioner was given an opportunity to explain why and how a wrong statement came to be made in the petition by filing an affidavit of a person not below the rank of director of petitioner. More than 2 weeks have passed since then and even today no affidavit is filed.
2 Petition dismissed.
(K.R.SHRIRAM,J)
KJ
1 issue framed by the court
Whether the petitioner's failure to file a required affidavit explaining a wrong statement in the petition warrants dismissal.
Borouge Pte. Ltd.
Multi Flex Lami Print Ltd.
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
