Bombay High Court
Futura Polyesters Ltd vs Daewoo International Corporation Ltd ... on 3 December, 2018
Author: Riyaz I. Chagla
Bench: B. R. Gavai, Riyaz I. Chagla
(prod) Appeal (L) No.323 of 2018.doc
BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO.323 OF 2018
IN
COMPANY PETITION NO.399 OF 2013
M/s. Futura Polysters Ltd. ..Appellant
Versus
M/s. Daewoo International Corporation Ltd.
And another ..Respondents
WITH
NOTICE OF MOTION (L) NO.708 OF 2018
IN
APPEAL (L) NO.323 OF 2018
IN
COMPANY PETITION NO.399 OF 2013
M/s. Futura Polysters Ltd. ..Applicant
IN THE MATTER BETWEEN
M/s. Futura Polysters Ltd. ..Appellant
Versus
M/s. Daewoo International Corporation Ltd.
And another ..Respondents
WITH
CHAMBER SUMMONS (L) NO.1628 OF 2018
IN
APPEAL (L) NO.323 OF 2018
IN
COMPANY PETITION NO.399 OF 2013
Shyam Ghia ..Applicant
IN THE MATTER BETWEEN
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(prod) Appeal (L) No.323 of 2018.doc
M/s. Futura Polysters Ltd. ..Appellant
Versus
M/s. Daewoo International Corporation Ltd.
And another ..Respondents
CORAM: B. R. GAVAI &
RIYAZ I. CHAGLA, JJ.
DATE: 3rd December, 2018 Ms. Anaisha Zachariah i/b M/s. Crawford Bayley and Co., Advocate for the Appellant.
Ms. Juhi Dave i/b Dhruve Liladhar & Co. for the Respondents.
P.C.:-
1] Mentioned, not on board. Upon mentioning taken on board.
2] Appellant has moved this Court for speaking to the minutes of the order dated 26th November, 2018 passed in the above matter.
3] It is submitted that in paragraph No.1 in line Nos. 6 and 7, the words "authorized dealer Bank of the RBI" may be substituted by the words "authorized dealer Bank of the Appellant" and in the same paragraph, in line Nos. 9 and 10 the words "authorized dealer Bank of RBI" may be substituted by the words "authorized dealer Bank of the Appellant".
4] It is also submitted that this Court by order dated 20th July, 2018 has directed the Official Liquidator not to take any further steps 2/3 ::: Uploaded on - 07/12/2018 ::: Downloaded on - 28/12/2018 23:02:13 ::: (prod) Appeal (L) No.323 of 2018.doc until the next date and that this order of status quo has been extended from time to time. However, the order passed on 26th November, 2018 does not continue the said order of status quo in favour of the Appellant. It is submitted that it may be clarified that the said order of status quo is continued till the next date i.e. 10th December, 2018.
5] Accepting the said submissions, the said order dated 26th November, 2018 is modified accordingly and in paragraph No.1 in line Nos. 6 and 7, the words "authorized dealer Bank of the RBI" are substituted by the words "authorized dealer Bank of the Appellant"
and in the same paragraph, in line Nos. 9 and 10 the words "authorized dealer Bank of RBI" are substituted by the words "authorized dealer Bank of the Appellant". It is further clarified the order of status quo granted on 20 th July, 2018 to continue till the next date i.e. 10th December, 2018.
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