9911796707
TMI Blog1999 (2) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... rvi Kamani for the Applicant Shekar Shetye, Ms. Alpana Ghone and Ms. Nilakshi Kalambi for the Respondent. ORDER 1. Admit. Respondents waive service. 2. By consent, appeal is called out for hearing and final disposal. 3. Heard parties. 4. On application made by Mr. Madon appearing on behalf of the appellants (original applicants), respondent No. 1 is deleted from the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany Petition No. 521 of 1992 for winding up of Garware Nylons Ltd. Official Liquidator was appointed in liquidation proceedings. Pending the compa- ny petition, applicants filed the present Company Application No. 293 of 1998 with a prayer that pending the hearing and final disposal of the winding up petition, the Official Liquidator be directed to hand over possession of the aforesaid premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he application for amendment was rejected and the company application was also rejected as having become infructuous. The aforesaid order passed by the learned single Judge on 18-12-1998 is impugned in the present appeal. 7. We have heard the learned counsel appearing for the contending parties and we find that the learned single Judge was not justified, in the aforesaid facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and thereafter proceeded to consider and dispose of the company application on merits and in accordance with law. 8. In the circumstances, we are constrained to set aside the impugned order. Prayer for amendment of the application in terms of the draft amendment which was handed over before the learned single Judge is granted. Amendment be carried out within a period of four weeks from toda ..... X X X X Extracts X X X X X X X X Extracts X X X X
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