The Bengal Mill Stores Supply Co vs M/S. Dolphin Offshore ...
2023 Latest Caselaw 8645 Bom

2023:BHC-AS:24024
                                                                                             909-wp373-2018.doc


                              VRJ
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                       WRIT PETITION NO.372 of 2018

       VAIBHAV
       RAMESH
       JADHAV
       Digitally signed by
       VAIBHAV RAMESH
                              The Bengal Mill Stores Supply Company           ... Petitioner
                                         V/s.
       JADHAV
       Date: 2023.08.23
       17:52:04 +0530




                              Dolphin Offshore Enterprises (I) Ltd.           ... Respondent


                              Mr. Nitesh Bhutekar with Mr. Aniket Nangare for the
                              petitioner.
                              Ms. Geeta Lundwani with Mr. Amey Nadwale for the
                              respondent.



                                                               CORAM    : AMIT BORKAR, J.

                                                               DATED    : AUGUST 23, 2023
                              P.C.:

1. The writ petition arises out of rejection of notice of motion to restore earlier notice of motion for restoration of summary suit for recovery of amount of Rs.55,65,000/-.

2. Learned advocate for the respondent No.1 invited my attention to the order passed by the National Company Law Tribunal, Mumbai in Interlocutory Application No.665 of 2022 approving resolution plan submitted by M/s. Deep Industries Limited has been approved. In view of approval of resolution plan, civil proceedings for recovery of the amount against defendant No.1 cannot be proceeded. The said issue is covered by the judgment of the Apex Court in case of Ghanshyam Mishra and

909-wp373-2018.doc

Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited reported in 2021 SCC OnLine SC 313.

3. In view of the said development, it is not necessary to adjudicate upon the rights of the petitioner. However, it is made clear that in case after the conclusion of proceedings before the National Company Law Tribunal, Mumbai, it is found that right to sue survives against defendant No.1, plaintiff would be at liberty to revive the proceedings, if permissible in law.

4. The civil writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)