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Bombay High Court

The Official Liquidator Of M/S. Elder ... vs Mr. Alok Jagdish Saxena And 3 Ors on 9 February, 2021

Author: K.R.Shriram

Bench: K.R.Shriram

           Digitally                                         1/2                       12.COMP-7-2016.doc
           signed by
           Gauri A.
Gauri A.   Gaekwad
Gaekwad    Date:
           2021.02.10
           11:32:31                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
           +0530



                                             COMPLAINT NO.7 OF 2016
                                                      WITH
                                        COMPANY APPLICATION NO.119 OF 2019
                                                       IN
                                         COMPANY PETITION NO.348 OF 2013

                                                             In the matter of the Companies Act,
                                                             1956;
                                                                                And
                                                             In the matter of M/s.                 Elder
                                                             Instruments Pvt. Ltd. (In Liqn.)

                   M/s. Prime Lifestyle                             ....Petitioner
                             And
                   The Official Liquidator and as
                   Liquidator of M/s. Elder Instruments
                   Pvt. Ltd. (In Liqn.)                             ....Complainant
                             V/s.
                   Alok Jagdish Saxena and Ors.                     ....Accused
                                                     ----
                   Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator/
                   complainant.
                   Mr. Dinesh Kumar Dubey for accused/applicant in CA/119/2019.
                                                     ----
                                                      CORAM : K.R.SHRIRAM, J.

DATED : 9th FEBRUARY 2021 P.C. :

1 Mr. Aithe states that accused no.1 has expired and respondents have provided copy of the death certificate.
2 Therefore, complaint against accused no.1 - Alok Jagdish Saxena abates. For the other accused, they have pleaded not guilty.


                   3                Mr. Aithe seeks time to file evidence affidavit. At the same time,

                   Gauri Gaekwad
                                        2/2                 12.COMP-7-2016.doc




Mr. Aithe states that the accused have taken out a company application no.119 of 2019 and he shall file a reply and serve a copy thereof within three weeks from today. Time granted.
4 Both complaint and company application be listed on 16th March 2021 with a clarification that the company application will be heard before the complaint is heard.

(K.R. SHRIRAM, J.) Gauri Gaekwad