Dismissed

M/S. Mysore Timber Trading Company v. Gstaad Hotels Pvt. Ltd. Cin No. U55101MH2003PTC143481

Bombay HC23 Jun 2023IA/225/2020

Case brief

AI extract

What is this about?

The Bombay High Court dismissed an appeal against the dismissal of a company petition. The Single Judge had earlier dismissed the petition as barred by limitation. The Appellant submitted that the Respondent admitted liability via an email, but the Court held the email did not constitute an admission and the petition was time-barred. Appeal dismissed.

What did the court decide?

The appeal was dismissed. The interim application was disposed of accordingly.

M/S. Mysore Timber Trading Company Vs Gstaad Hotels… — Company and Corporate | Bombay HC (2023)

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1 23-APP-24-2020.doc

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Digitally 1 23-APP-24-2020.doc signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2023.06.27 17:06:55+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 24 OF 2020

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COMPANY PETITION NO. 22 OF 2016

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M/s. Mysore Timber Trading Co. … Appellant

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V/s.

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Gstaad Hotels Pvt. Ltd. … Respondent

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WITH

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INTERIM APPLICATION NO. 225 OF 2020 IN

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COMPANY PETITION NO. 22 OF 2016

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Ms. Laveena Tejwani i/by NDB Law for Appellant.

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Ms. Rishika Harish a/w Munaf Virjee and Akash Agarwal i/by AMR Law for Respondent.

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CORAM : NITIN JAMDAR, ACJ. AND ARIF S. DOCTOR, J.

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DATED : 23 JUNE 2023.

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P.C. :

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The present Appeal impugns an order dated 13 April 2018, by which, the learned Single Judge of this Court was pleased to dismiss

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Shubham

2 23-APP-24-2020.doc

the captioned Company Petition on the ground that the same was ex facie barred by limitation.

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Ms. Tejwani, learned counsel appearing on behalf of the Appellant at the outset submitted that the impugned order was liable to be set aside since the learned Single Judge had failed to consider the fact that the Respondent-Company had admitted the liability vide an email dated 6 October 2014. When asked to point out where this so called admission was, learned counsel admitted that the email was not annexed to the Petition. She then tendered a copy of the said email which reads thus:-

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“Hi.

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Please find the below working for your reference :

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Summary
Outstanding as on 31/3/2012	40,25,750
Interest 18%
As on 31/3/2014	7,24,635
Total	47,50,385

”

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Shubham

3 23-APP-24-2020.doc

Aside from the fact that this was never part of the Company Petition and hence the impugned order could not be faulted for non consideration thereof. Even assuming the same formed part of the Petition to our mind the said email is not an admission of liability and merely records that the Respondent had acknowledged that there was an amount of Rs.40,25,750/- outstanding as on 31 March 2012. It is not in dispute that the present Petition is filed on 3 June 2015 which is beyond the period of limitation.

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Thus, reference to this email does not aid the contention of the Petitioner.

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On a perusal of the Petition and annexures thereto, we are in full agreement with the view of the learned Company Judge that the Petition was ex facie barred by limitation.

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With these observations, the Appeal is dismissed. No order as to costs.

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In view of the dismissal of the Appeal, Interim Application filed therein does not survive and is accordingly disposed of.

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(ARIF S. DOCTOR, J.)

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(ACTING CHIEF JUSTICE)

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Shubham

M/S. Mysore Timber Trading Company v. Gstaad Hotels Pvt. Ltd. Cin No. U55101MH2003PTC143481

Case brief

What is this about?

What did the court decide?

M/S. Mysore Timber Trading Company v. Gstaad Hotels Pvt. Ltd. Cin No. U55101MH2003PTC143481

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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