IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO.9 OF 2004 IN COMPANY APPLICATION NO.181 OF 2002 IN COMPANY PETITION NO.39 OF 2002 Fiat Auto S.p.A. .. Appellant Vs. Premier Automobiles Ltd.& Ors. .. Respondents Mr.Janak Dwarkadas i/b DSK Legal for the Appellant Mr.Zubin Behram Kamadin i/b Amarchand & Mangaldas & Suresh A.Shroff & Co. for respondent no.1 Mr.Parag Kabadi i/b Doijode Phatarphekar & Associates for respondent no.2 and 11. CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 11th March 2005 DATED : 11th March 2005 DATED : 11th March 2005 P.C.: . Both the parties to the Company Appeal agrees to the following order: 1. That the impugned order dated 17.05.2004 passed in Company Application No. 181 of 2002 be hereby set aside. 2. Company application no.181 of 2002 is remanded back to the Company Law Board Bank,New Delhi for hearing afresh on its merits and after hearing the contention of the rival parties pass a detailed reasoned order. 3. In view of the fact that the application is pending since 2002, it is in the interest of justice that the Company Application be heard expeditiously and in any event on or before 30.04.2005. Company Appeal disposed of accordingly. No order as to costs.