Dismissed

Sintex Plastics Technology Limited v. Mahatva Plastic Products and Building Material Pvt. Ltd.

Gujarat HC1 Jul 2022SCA/12167/2022

Case brief

AI extract

What is this about?

Special Civil Application seeking judicial review was disposed of as withdrawn after the petitioner was granted permission to file proceedings before the Appellate Tribunal on an urgent basis instead of approaching the High Court.

What did the court decide?

Petitioner allowed to withdraw special civil application and direct to file proceedings before Appellate Tribunal on urgent basis.

Sintex Plastics Technology Limited Vs Mahatva Plastic… — Company and Corporate | Gujarat HC (2022)

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C/SCA/12167/2022 ORDER DATED: 01/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 12167 of 2022

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==========================================================

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SINTEX PLASTICS TECHNOLOGY LIMITED

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Versus

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MAHATVA PLASTIC PRODUCTS AND BUILDING MATERIAL PVT. LTD. ========================================================== Appearance:

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MR MIHIR THAKORE, SENIOR ADVOCATE WITH MR ARJUN R SHETH(7589) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4,5,6,7,8

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MR MIHIR JOSHI, SENIOR ADVOCATE WITH MR JAY KANSARA AND MS. NISHA OJHA FOR M/S WADIAGHANDY AND CO(5679) for the Respondent(s) No. 1

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MR NAVIN PAHWA, SENIOR ADVOCATE WITH MR ARJUN JOSHI AND MS GARGI VYAS for the Respondent No.4 MR JAIMIN R DAVE for the Respondent No.5

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA

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Date : 01/07/2022 ORAL ORDER

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At the outset, learned Senior Advocate Mr.Mihir Joshi has submitted that the Appellate Tribunal is already available from 04.07.2022 and the petitioner has an alternative remedy to approach the Appellate Tribunal for challenging the order dated 29.06.2022 passed by the National Company Law Appellate Tribunal (NCLAT), Ahmedabad in IA 413 of 2022, IA 374 of 2022, IA 380 of 2022 and IA 474 of 2022 in CP (IB) no.759 of 2019 .

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Learned Senior Advocate Mr.Mihir Thakore appearing for the petitioner has submitted that looking to the urgency of the matter, the petitioner had thought it appropriate to move this Court by filing a writ petition as the NCLAT was not available. However, he has requested that the petitioner by tomorrow will file appropriate proceedings before the Appellate Tribunal and suitable observations may be made, so that the Appellate Tribunal can take the matter on urgent basis and the present petition may be allowed to be withdrawn.

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Page 1 of 2

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C/SCA/12167/2022 ORDER DATED: 01/07/2022

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The request of the learned Senior Advocate Mr.Thakore is acceded to. If any proceedings are filed before the Appellate Tribunal challenging the aforementioned order, the Appellate Tribunal shall consider the request of the present petitioner for taking up the matter on urgent basis looking to the issue involved in the writ petition.

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With this observation, the matter stands disposed of as withdrawn.

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(A. S. SUPEHIA, J)

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ABHISHEK/PC-1

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Page 2 of 2

Sintex Plastics Technology Limited v. Mahatva Plastic Products and Building Material Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sintex Plastics Technology Limited v. Mahatva Plastic Products and Building Material Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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