1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 789 OF 2005 IN SUIT NO. 1738 OF 1979 Omprakash Madanlal Pandya ... Appellant. (Org.Plaintiff) V/s. M/s. Shree Vallabh Glass Works Ltd., and others. ... Respondents. --- WITH APPEAL NO. 287 OF 2006 IN CHAMBER SUMMONS NO. 1269 OF 2004 IN SUIT NO. 1738 OF 1979 Omprakash Madanlal Pandya ... Appellant. (Org.Plaintiff) V/s. M/s. Shree Vallabh Glass Works Ltd., and others. ... Respondents. --- Mr. A.K. Tripathi i/by S.P. Gala for the Appellant. Ms. Neeta Solanki i/by K. Jain & Co. for Respondent Nos. 2B & 2C. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 17TH MARCH, 2010 P.C.: 1. Both the Appeals are disposed of by consent 2 of the parties. 2. It is held that for proceeding further in the suit no. 1738 of 1979, leave of the Company Court is necessary. 3. On the plaintiff s moving the Company Judge of the Gujarat High Court within a period of four weeks from today for leave to prosecute suit no. 1738 of 1979 and on payment of Rs. 15,000/- as costs to be paid to respondent no.3-Ashutosh Patel, the suit no. 1738 of 1979 shall stand restored. 4. In case, the learned Company Judge of the Gujarat High Court grants leave under section 446 of the Company Act to the plaintiffs to further prosecute suit no. 1738 of 1979, the learned single Judge dealing with the suit will proceed further with that suit in accordance with law. In case such a leave is refused by the learned Company Judge, the suit no. 1738/1979 shall stand disposed of subject to the right of the plaintiff to challenge the order of 3 the company Judge, refusing leave. 5. Both the Appeals are disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) .....