CA/751/2005 of L. K. AKWATE INDUSTRIAL CO-OP. ESTATE LTD. Vs THE OFFICIAL LIQUIDATOR HIGH COURT, BOMBAY on 23 December 2005

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMPANY APPLICATION NO.751 OF 2005IN

COMPANY APPLICATION NO.751 OF 2005

COMPANY PETITION NO.307 OF 1996

COMPANY PETITION NO.307 OF 1996

Shri L.K.Akiwate Industrial Co-op. )

Estate Ltd., Jaysingpur ).. Applicants

Versus

The Official Liquidator )

High Court, Bombay. ).. Respondent

Mr.U.M.Mahajan i/b.Divekar & Co. for the Applicants.

Mr.S.C.Gupta, Official Liquidator, present.

CORAM: SMT.NISHITA MHATRE, J.

CORAM: SMT.NISHITA MHATRE, J.DATED: 23RD DECEMBER 2005

DATED: 23RD DECEMBER 2005

P.C.:

P.C.:

. This Company Application has been filed for restoring the earlier Company Application No.76 of 2005

which was dismissed since the affidavit of service was not filed by a particular date in the Registry. By a common order passed on 16th June 2005 the Applicants were required to file their affidavit by 24th June 2005 after payment of costs by 20th June 2005. The Petition was to stand dismissed if the stipulations in the order were not complied. It appears that when this common order was passed in the morning in various other matters as well, nobody was present for the Applicants when this order was passed. However, it appears that the Applicants have now filed the affidavit of service and paid costs as per the : 2 :

directions contained in the order dated 16th June 2005.

2. For the reasons set out in the affidavit in support of the Company Application, Company Application allowed. Company Application No.76 of 2005 restored to file.

3. Company Application disposed of accordingly.