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Bombay High Court

Hitech Litho Pvt. Ltd vs M/S Sharp Industries Ltd. (In Liquin) ... on 19 July, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                    902 & 903.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                            CONTEMPT PETITION NO. 2 OF 2016
                                                          IN
                                            COMPANY PETITION NO. 171 OF 2013

                     Hitech Litho Pvt. Ltd.                          ...Petitioner
                                 V/s.
                     M/s Sharp Industries Ltd (In Liquidation)& Ors. ...Respondents
                                                      AND
                                      CONTEMPT PETITION NO. 3 OF 2016
                                                       IN
                                     COMPANY PETITION NO. 224 OF 2013

                     Mr. Raja Ratan Bhura with Mr. Krishna Joshi and Mr.Shikhar Ghandhi
                     for Petitioner.
                     Mr. Dinesh Kumar Dubey with Mr. Harshit Bhamia for Respondents No.
                     2 and 3.
                     Ms. Apurva Thipsay, for Official Liquidator to Mr. Anil Bhagure,
                     Assistant Official Liquidator.

                                               CORAM    :    ABHAY AHUJA, J.
                                               DATE     :    19th JULY, 2024
                     P.C. :


1. These matters have been circulated at the behest of the Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

Respondents No. 2 and 3 in the Contempt Petition. 2024.07.20 16:29:33 +0530

2. When the matter is called out, Mr. Dubey, learned Counsel appears for the Respondents No. 2 and 3 and submits that the Contempt Petition has become infructuous in as much as the Respondents No. 2 and 3 have expired and that the Respondents No. 4, Nikita Gadgil 1/2 ::: Uploaded on - 20/07/2024 ::: Downloaded on - 28/07/2024 00:41:26 ::: 902 & 903.doc 5 and 6 have been discharged by order of this Court dated 13 th April, 2018. Mr. Dubey, seeks to tender across the bar pursis containing the information as well as two death certificates.

3. Ms. Thipsay, learned Counsel appears for the Official Liquidator and submits that she has no objection to the request made on behalf of the Respondents No. 2 and 3.

4. Mr. Bhula, learned Counsel appears for the Contempt Petitioner and submits that since he had no notice of the pursis nor of the death of the Respondents No. 2 and 3, some time be granted to take appropriate instructions.

5. Although it is not clear as to what instructions would need to be taken knowing that the Respondents No. 2 and 3 have expired, however, since time is being sought on behalf of the Petitioner, list on 2nd August, 2024.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2 ::: Uploaded on - 20/07/2024 ::: Downloaded on - 28/07/2024 00:41:26 :::