Bombay High Court
Raksha Kiit Gosher vs Official Liquidator Of Woodland Garde ... on 18 January, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
29-CPNCP3-2019.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 3/2019
IN
SANTOSH COMPANY APPLICATION NO. 453 OF 2017
SUBHASH
KULKARNI WITH
Digitally signed by OFFICIAL LIQUIDATOR NO. 21 OF 2016
SANTOSH
SUBHASH
KULKARNI WITH
INTERIM APPLICATION (L) NO. 4540 OF 2021
Date: 2023.01.21
10:36:36 +0530
IN
COMPANY APPLICATION NO. 453 OF 2017
Raksha Kirit Gosher ...Petitioner
Versus
Official Liquidator, High Court, Bombay (for
M/s. Woodland Garden Cafe) & ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 2021
WITH
INTERIM APPLICATION (L) NO. 3710 OF 2022
WITH
RPC (L) NO. 7 OF 2019
IN
COMPANY APPLICATION NO. 453 OF 2017
Mr. Naushad Engineer, for the Official Liquidator.
Mr. Atul Damle, Senior Advocate, a/w Mr. Rashid Khan, i/b
Vivek Phadke, for the Petitioner in CNPCP/3/2019.
Mr. Ashish Kamat, a/w Mr. Aman Kacheria, Neel Kothari,
Twinkle Gadhiya, i/b Pritesh Burad Asso., for
Respondent No.10 in CNPCP/3/2019.
Mr. Aman Kacheria, a/w Neel Kothari, Ms. Twinkle Gadhiya,
i/b Pritesh Burad Asso., for the Applicant in
IA/3710/2020 and for Respondent No.10 in
IAL/15085/2021 and IAL/4540/2021.
Mr. Malcolm Siganporia, a/w Mr. Dharmesh Pandya, i/b
Ashwin Pandya and Asso., for the Proposed Intervenor in
IAL/1615/2023.
Ms. Sheetal Shah, a/w Ms. Dimple Bitra, i/b Mehta and
Girdharlal, for Respondent No.6 in IAL/15085/2021.
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29-CPNCP3-2019.DOC
CORAM: N. J. JAMADAR, J.
DATED : 18th JANUARY, 2023 PC:-
1. Heard the learned Counsel for the parties.
2. By an order dated 21st December, 2022 Contempt Petition was directed to be heard peremptorily.
3. Mr. Kamat, the learned Counsel for respondent Nos.10 and 11, the alleged Contemnors, submits that respondent No.10 had affirmed an affidavit on 18th April, 2019 and its copy had been served on the petitioner.
4. The said affidavit, however, does not seem to have been filed in the Court, and rest of the parties including the Official Liquidator have not been served.
5. Mr. Kamat seeks to reaffirm the said affidavit and file it in the Registry and serve its copies on the parties within a couple of days.
Leave granted.
Let the reaffirmed affidavit be filed in the Registry and its copies served on the parties to the Contempt Petition and Official Liquidator within a week's time.
6. The petitioner is at liberty to file an affidavit-in-rejoinder to the affidavit-in-reply to be filed by respondent No.10 within a 2/3 29-CPNCP3-2019.DOC period of two weeks of being served with the copy of the reaffirmed affidavit.
7. Mr. Siganporia, the learned Counsel for the intervenor, submits that the intervenor has taken out intervention application bearing Interim Application (L) No.1615 of 2023.
Let the intervention application be filed in the Registry within a week's time.
8. There is consensus amongst the parties that the Contempt Petition and Review Petition (L) No.7 of 2019 be heard first, followed by rest of the applications.
9. In the event the parties have not completed the pleadings in the Interim Application and Review Petition, the same be completed within the period of two weeks.
10. The parties are permitted to take inspection of the record.
11. Stand over to 15th February, 2023.
12. To be listed alongwith Interim Application (L) No.1615 of 2023.
13. The learned Counsel for the applicant in Interim Application (L) No.1615/2023 undertakes to serve all the parties with the interim application.
[N. J. JAMADAR, J.] 3/3