Interim application to replace Respondent No.6 due to merger allowed. Main writ petition listed for hearing.
Name of Respondent No.6 deleted; Macrotech Developers Limited added as Respondent No.6A.
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.
1 14 wp 4953-16 with ia 1196-23 with ia 12714-23-c.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4653 OF 2016
WITH
INTERIM APPLICATION NO.1196 OF 2023
IN
WRIT PETITION NO.4653 OF 2016
AND
INTERIM APPLICATION NO.12714 OF 2023
IN
WRIT PETITION NO.4653 OF 2016
Kailash @ Suraj Bansraj Rajbhar … Applicant/Petitioner
Vs.
Mrs.Prabhavati Bhikhari Rajbhar and ors. … Respondents
Mr.Alok Bagla i/by M/s Bagla & Associates, Advocate for the
Applicant/Petitioner.
Mr.Amogh Singh with Mr.Jeet Gandhi i/by M/s Veritas Legal, Advocates
for the Respondent No.6.
CORAM :ABHAY AHUJA, J.
DATE :07 JULY, 2023.
P.C.:
INTERIM APPLICATION NO.12714 OF 2023
1. This is an application to delete the name of Respondent No.6 from
the petition and to add the name of the new company viz. Macrotech
1 of 3
Priya R. Soparkar
2 14 wp 4953-16 with ia 1196-23 with ia 12714-23-c.doc
Developers Limited as Respondent No.6A.
2.Mr.Alok Bagla, learned counsel for the Interim Applicant submits
that the Respondent No.6 i.e. Shreeniwas Cotton Mills Limited has
pursuant to order dated 7th June, 2019 of the National Company Law
Tribunal, Mumbai Bench merged with Macrotech Developers Limited and
therefore, the request in the interim application.
3. Having heard the learned counsel and having perused the application, the Interim Application is allowed as prayed for.
4. Let the name of Respondent No.6 in the Writ Petition be deleted and let the name of Macrotech Developers Limited be added as Respondent No.6A in the petition with the address as mentioned in paragraph No.9 of the stay application.
5. Let the amendment as well as consequential amendment be carried out within a period of two weeks.
6. Let the amended copy be served on the other parties within a period
2 of 3
Priya R. Soparkar
3 14 wp 4953-16 with ia 1196-23 with ia 12714-23-c.docof two weeks thereafter.
WRIT PETITION NO.4653 OF 2016
1. List on 4th August, 2023.
(ABHAY AHUJA, J.)
3 of 3
Priya R. Soparkar
1 issue framed by the court
Whether to allow an application to delete a respondent's name and add a new company following a merger order.
1 provisions across 1 enactments
Kailash @ Suraj Bansraj Rajbhar
Mrs. Prabhavati Bhikhari Rajbhar
Shreeniwas Cotton Mills Limited
Macrotech Developers Limited
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court