Continental Carriers Pvt. Ltd. vs M/S Bpl Display Devices Ltd. & Ors
2015 Latest Caselaw 7336 Del

$~25.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2351/2008 and I.A. 24364/2014
      CONTINENTAL CARRIERS PVT. LTD.                ..... Plaintiff
                    Through: Mr. Manas Kumar, Advocate

                        versus

      M/S BPL DISPLAY DEVICES LTD. & ORS.         ..... Defendants
                     Through: Ms.Geeta Sharma, Advocate for
                     ex-Directors of defendant No.1 company

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 24.09.2015

1. On the last date of hearing, none was present on behalf of either

side. As a result, notice of default was issued to the plaintiff and the

defendants.

2. Today, counsels for the parties jointly state that an application

filed by the plaintiff under Section 446 of the Companies Act for

seeking permission from the Company Judge attached to the

Allahabad High Court, for pursuing the present suit against the

defendant No.1 company, which is under liquidation, is still pending

adjudication.

3. Counsel for the plaintiff is unable to furnish a timeline within

which the said application is likely to be decided.

4. Accordingly, the present suit is disposed of, along with pending

application, while grating liberty to the plaintiff to pursue the aforesaid

application as and when an order is passed by the competent court,

granting permission to the plaintiff to prosecute the present suit

against the defendant No.1 company, then it shall be entitled to file an

application for seeking revival thereof.

HIMA KOHLI, J SEPTEMBER 24, 2015 mk