IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 325 OF 2008 NO. 325 OF 2008 NO. 325 OF 2008 IN IN IN COMPANY COMPANY COMPANY PETITION NO. 1165 OF 1999 PETITION NO. 1165 OF 1999 PETITION NO. 1165 OF 1999 M/s. Lloyds Metals & Engineers Ltd. ] .. Appellant (Org.Petitioner) Versus M/s. Boroplast Limited ] .. Respondent (Org.Respondent) Ms. Usha Srivastava i/b M/s. Consulta Juris for the appellant. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 20TH AUGUST, 2008 P.C. : 1. Heard. 2. It is a fact that there are no averments in the Petition that the appellant has complied with section 433 and 434 of the Companies Act. It is also a fact that there were no acknowledgements and/or receipts filed in this regard, along with the Petition. 3. On this factual aspect alone, the single Judge has come to the conclusion that the mandatory requirements of the provisions of law have not been : 2 : complied with and has rejected the Petition. 4. We do not find any reason to interfere in the order. Appeal is, accordingly, rejected. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]