Sardesai Engineering Private ... vs Mahadeo Appasaheb Jagtap And Ors
2022 Latest Caselaw 4144 Bom

      IRESH SIDDHARAM   Digitally signed by IRESH
                        SIDDHARAM MASHAL
      MASHAL            Date: 2022.04.20 17:46:22 +0530




                                                                                          47.141.22 cra.doc

ISM
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                          CIVIL APPELLATE JURISDICTION

                                     CIVIL REVISION APPLICATION NO. 141 OF 2022

              SARDESAI ENGINEERING PRIVATE                                            ....APPLICANTS
              LIMITED AND ORS

                        V/s.

              MAHADEO APPASAHEB JAGTAP AND ORS .....RESPONDENTS

              Mr. G. S. Godbole i/b Mr. Sumit S. Kothari Advocate for the
              Applicants
              Mr. Sachin Mand a/w Nishi Doshi a/w Sameer Singh i/b Amol V.
              Kumeria for Respondent no. 1


                                                          CORAM :   NITIN W. SAMBRE, J.

                                                          DATE:     APRIL 19, 2022.

              P.C.:

              1)        Heard. Prayer of the Petitioner moved under Order VII Rule

11(d) of the Code of Civil Procedure, 1908 pursuant to an embargo

created under Section 430 of the Companies Act is rejected vide

impugned order dated 09/03/2022. As such, this Revision.

2) One of the contention of the learned counsel for the Applicants

is, impugned Judgment is based on considerations recorded by

47.141.22 cra.doc

Single Judge of this Court in the matter of Zee Entertainment

Enterprises Limited V/s Invesco Developing Markets Fund and

others. According to him, Division Bench has reversed the finding

recorded by learned Single Judge.

3) In the aforesaid background, issue notice to Respondents. Mr.

Sachin Mand i/b Mr. Amol Kumeria waives service for Respondent

no. 1. Notice to Respondent nos. 2 & 3 made returnable on

12/07/2022. Further proceedings shall remain stayed until further

orders.

[NITIN W. SAMBRE, J.]