Bombay High Court
Sarva Shramik Sanghantana (Kv) And 2 Ors vs The Official Liquidator Of Shreenivas ... on 3 March, 2020
Equivalent citations: AIRONLINE 2020 BOM 2132
Author: Sarang V. Kotwal
Bench: K.K. Tated, Sarang V. Kotwal
1
5.NMA-646-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 646 OF 2019
IN
APPEAL (Lodging) NO. 226 OF 2019
IN
COMPANY APPLICATION NO.617 OF 2016
IN
COMPANY PETITION NO.642 OF 1983
Sarva Shramik Sanghantana (K.V.)
And Ors ...Applicants
IN THE MATTER BETWEEN
Sarva Shramik Sanghantana (K.V.)
And Ors ...Appellants
Versus
The Official Liquidator Of Shreenivas Cotton
Mills Ltd (now in Liquidation) And Ors. ...Respondents
....
Ms. Jane Cox a/w. Ms. Karishma Rao, Advocate for the Applicants.
Mr. Imran Siddiqui, Dy. Official Liquidator is present in Court.
....
CORAM : K.K. TATED &
SARANG V. KOTWAL, JJ.
DATE : 03rd MARCH, 2020 P.C.
1. Heard learned Counsel for the parties.
2. By this Notice of Motion, the applicants are seeking condonation of 335 days delay in filing the appeal challenging the order dated 10.4.2018 passed by the learned Single Judge in Company Application No.617/2016 in Company Petition No.642/1983.
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3. Learned Counsel for the applicant submits that the impugned order was pronounce on 10.4.2018. However, some of the workers were out of Bombay. She further submits that to take a decision, it took some time. Hence, there is a delay in filing the appeal.
4. Learned Counsel for the applicants submits that in the interest of justice, this Hon'ble Court be pleased to condone the delay in filing the appeal and appeal be heard on its own merits.
5. In support of her contentions, learned Counsel for the applicant relies on paragraph-4 of the affidavit in support of the Notice of Motion. She submits that if the delay is not condoned, irreparable loss would be caused to the applicants.
6. On the other hand, learned Counsel appearing on behalf of the respondent vehemently opposed the application and submits that there is no substance in the present application. Hence, there is no question of allowing present Notice of Motion.
7. Considering the submissions made by the learned Counsel for the applicant and the averments made in the affidavit in support of the Notice of Motion, we are satisfied that the applicant has made out a case for allowing this Notice of Motion. Hence, the following order is passed :
i. Delay in filing the appeal is condoned.
ii. The applicant to remove all office objections in Appeal (Lodging) No.226/2019 on or before 4.4.2020, failing 2/3 ::: Uploaded on - 11/03/2020 ::: Downloaded on - 07/06/2020 08:29:12 ::: 3
5.NMA-646-19.odt which appeal shall stand dismissed without referring back to the Court.
iii. If all office objections are removed, appeal to appear on board under the caption : 'for admission' on 20.4.2020.
iv. Notice of Motion is disposed of in aforesaid terms.
v. No order as to costs. (SARANG V. KOTWAL, J.) (K.K. TATED, J.) Deshmane (PS) 3/3 ::: Uploaded on - 11/03/2020 ::: Downloaded on - 07/06/2020 08:29:12 :::