Bombay High Court
Sourav Chandidas Ganguly vs Percept Talent Management Ltd. ... on 7 June, 2022
Bench: B.P. Colabawalla
12 ial 27538-21..doc
Digitally signed
by LAXMI
LAXMI SUBHASH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE
SUBHASH Date:
SONTAKKE 2022.06.08
10:44:00
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 27538 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 13320 OF 2021
Saurav Chandidas Ganguly ..Applicant
IN THE MATTER BETWEEN
Saurav Chandidas Ganguly ..Judg. Creditor
Vs.
Percept Talent Management Ltd. & Anr. ..Judg.Debtors
And
Percept Ltd. & Ors. ..Respondents
Mr. H. S. Khokhawala and Ishwar Nankani i/b Nankani & Associates for
the Applicant.
Mr. Mayur Khandeparkar i/b. Dipesh Siroya for Respondent No.1.
Akash Rebello a/w Nadeem Sharma & Hubab Sayyed for Respondent
No.2.
Mr. Shardul Singh with Parag Kandhar i/b DSK Legal for the Judgment
Debtors.
Mr. Hrushi Narvekar a/w Ms. Amanda Rebello & Tanishka Desai i/b.
Vashi & Vashi for Shailendra Singh.
Mr. Mayur Khandeparkar a/w Parag Kandhar i/b. DSK Legal for Mr.
Harindra Pal Singh (Director of Respondent No.3).
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 07, 2022.
Laxmi page 1 of 5
12 ial 27538-21..doc
P. C.:
1. By order dated 21st January, 2022 show cause notices under
Rule 1036 of the Bombay High Court (Original Side) Rules, 1980 were
issued to i) Harindra Pal Singh; ii) Mr. Shailendra Singh ; iii) Mr.
Brandon Cecil Desouza; and iv) Mr. Ishan Clarence Desouza who were
all Directors of Respondent No.3 in the records of the ROC, to show
cause as to why they should not be punished under the provisions of
Contempt of Courts Act, 1971 for violating order dated 21 st December,
2021.
2. Similarly, on 21st January, 2022, show cause notices under
Rule 1036 of the Bombay High Court (Original Side) Rules, 1980 were
issued to i) Mr. Ajaykumar Upadhyay; ii) Mr. Harindra Pal Singh; iii)
Mr. Ram Krishan Om Namo Chaturvedi; iv) Mr. Ajay Chandwani; and
v) Mr. Rubin Malkani Tolaram who were all Directors of Respondent
No.1 as reflected in the records of the ROC, to show cause why they
should not be punished under the provisions of Contempt of Courts Act,
1971 for violating order dated 13th October, 2021.
3. The learned Advocate appearing on behalf of the Applicant
has brought to my attention that the show cause notices issued to all the
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12 ial 27538-21..doc
aforesaid parties mentioned above are returned unserved for various
reasons.
4. Mr. Khandeparkar, the learned Advocate appearing on
behalf of the 1st Respondent has stated that he will be appearing for Mr.
Ajaykumar Upadhyay, Mr. Harindra Pal Singh, Mr. Ram Krishan Om
Namo Chaturvedi, Mr. Ajay Chandwani and Mr. Rubin Malkani
Tolaram who are all Directors of the 1 st Respondent and they shall file
their affidavit to show cause to the notice issued by this Court under
Rule, 1036 of the Bombay High Court (Original Side) Rules, 1980. He
submitted that this affidavit shall be filing within a period of two weeks
from today. The statement is accepted as an undertaking given to this
Court. Mr. Khandeparkar stated that show cause notice has also been
issued to Mr. Harindra Pal Singh as a Director of Respondent No.3. He
stated that he will be appearing for Mr. Harindra Pal Singh even in his
capacity as an Ex-Director of Respondent No.3 and will be filing an
affidavit on his behalf to show cause to the notice issued by this Court
under Rule, 1036 of Bombay High Court (Original Side) Rules, 1980
within a period of two weeks from today. This statement is also accepted
as an undertaking given to this Court.
5. Mr. Narvekar, appearing on behalf of Shailendra Singh,
Laxmi page 3 of 5
12 ial 27538-21..doc
who was issued a show cause notice by this Court under Rule, 1036 of
Bombay High Court (Original Side) Rules, 1980 in his capacity as a
Director of Respondent No.3, submitted that he shall be filing an
affidavit on behalf of of Mr. Shailendra Singh as an Ex-Director of
Respondent No.3 within a period of two weeks from today. The said
statement is accepted as an undertaking given to this Court.
6. It therefore appears that now the fresh show cause notices
only need to be served on Mr. Brandon Cecil Desouza and Mr. Ishan
Clarence Desouza. In these circumstances, the Registry is directed to
issue a fresh show cause notice under Rule, 1036 of Bombay High Court
(Original Side) Rules, 1980 to (i) Mr. Brandon Cecil Desouza; and (ii)
Mr. Ishan Clarence Desouza to show cause as to why they should not be
punished under the provisions of Contempt of Courts Act, 1971 for
violating order dated 21 st December, 2021. The aforesaid notices are
made returnable on 5th July, 2022.
7. Mr. Khandeparkar has stated that a Vakalatnama on behalf
of the 1st Respondent as well as on behalf of Mr. Harindra Pal Singh has
already been filed in this Court. As far as other Directors of the 1 st
Respondent are concerned, namely, Mr. Ajaykumar Upadhyay; Mr. Ram
Krishan Om Namo Chaturvedi; Mr. Ajay Chandwani and Mr. Rubin
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12 ial 27538-21..doc
Malkani Tolaram, a Vakalatnama shall be filed on their behalf within a
period of one week from today. The said statement is accepted as an
undertaking given to the court. Mr. Narvekar has also stated that a
Vakalatnama shall be filed on behalf of Mr. Shailendra Singh (who is a
Director of Respondent No.3), within a period of one week from today.
The said statement is accepted as an undertaking given to the Court.
8. Considering that these parties undertaken to file their
Vakalatnama, I am currently dispensing with their personal presence in
Court.
9. Stand over to 5th July, 2022.
10. This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Laxmi page 5 of 5
