Jessica Iqbal Lukmani vs The Official Luquidator Of ...
2021 Latest Caselaw 1283 Bom

                                        1/3                         48.CA-208-2019.doc




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                     COMPANY APPLICATION NO.208 OF 2019
                                    IN
                     COMPANY APPLICATION NO.686 OF 2018
                                    IN
                      COMPANY PETITION NO.613 OF 1984

Ms. Jessica Iqbal Lukmani                            ....Applicant
IN THE MATTER BETWEEN :
M/s. Kay Kay Trading Company                         ....Petitioner
          V/s.
The Official Liquidator High Court Bombay
for Dynacraft Machine Company Limited
(In Liquidation) and Ors.                       ....Respondents
                                    ----
None for applicant.
Mr. Prateek Seksaria a/w. Mr. Saket More and Mr. Vishesh Kalra i/b. Vidhii
Partners for respondent no.2.
Mr. Suneet K. Tyagi for respondent nos.6 & 7.
Mr. Mahendhar Aithe, Company Prosecutor present.
(at 2.30 pm)
Mr. Raghavan Sarathy i/b Thodur Law Associates for applicant.
                                     ----
                                        CORAM : K.R. SHRIRAM, J.

DATED : 19th JANUARY 2021 20th JANUARY 2021

P.C. :

1 This application is to recall the order dated 27 th March 2019

passed in Company Application No.686 of 2018 and to restore the said

company application to file.

2 Applicant has filed this application as the legal heir of one

Jessica Iqbal Lukmani. This Court, in its judgment dated 19 th November

2019 in First Appeal No.366 of 2017, has recorded a statement of

applicant's advocates in paragraph 29 that the said Jessica Iqbal Lukmani

Gauri Gaekwad 2/3 48.CA-208-2019.doc

died on 28th August 2019. Paragraph 29 of the said judgment reads as

under :

29. The learned counsel for the respondent submits that in view of death of Ms. Jessica on 28.08.2019 nothing survives in the present proceedings.......

3 In the circumstances, the said Jessica Iqbal Lukmani having

died, even if one accepts applicant as the legal guardian of the said Jessica

Iqbal Lukmani, still this application cannot survive in view of the death of

said Jessica Iqbal Lukmani.

4 In any event, this Court in its judgment in First Appeal No.366

of 2017 (Supra) has set aside the order dated 10 th April 2015 passed by the

Bombay City Civil Court at Mumbai in Mental Health Petition No.4 of 2015

relying on which applicant claims to be the legal guardian of the said Jessica

Iqbal Lukmani. Mr. Seksaria states that he has no instructions as to whether

the said judgment of this Court in First Appeal No.366 of 2017 has been

challenged or any stay has been obtained.

5 In the circumstances, company application stands dismissed.

AT 2.30 P.M.

6 Mr. Sarathy appeared and sought leave to withdraw the

company application. Since respondents are not present, the matter be

listed for directions on 20th January 2021.

Gauri Gaekwad
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                                           20th JANUARY 2021

            7               Mr. Sarathy renewed his application for withdrawal with liberty

to take out such applications as advised as legal heir of Jessica Iqbal

Lukmani. Mr. Seksaria was very clear and he stated that the Court has

already passed the order in open Court but if Mr. Sarathy wants to withdraw

unconditionally without seeking any liberty, then the Court may, if it deems

fit, permit withdrawal. Mr. Sarathy was not agreeable.

8 Therefore, the order passed yesterday, i.e., 19 th January 2021,

stands.

           Digitally                                             (K.R. SHRIRAM, J.)
           signed by
           Gauri A.
Gauri A.   Gaekwad
Gaekwad    Date:
           2021.01.21
           16:11:36
           +0530




            Gauri Gaekwad