ca-1358-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1358 OF 2009 IN COMPANY PETITION NO.1048 OF 2008 H.F.Mehta & Anr., .. Applicants V/s. The O.L. Gaekwar Mills Ltd., .. Respondents And Bank of India & Anr., .. Addl. Respondents Mr.P.V.Shah, for Applicants Mr.P.Ramarao,Official Liquidator present. CORAM: S. J. KATHAWALLA, J. DATED: 6th January, 2010. P.C. 1. The Company Petition is already disposed of. The Applicants have now filed a fresh Application seeking extension of time of 90 days for payment of the balance of the settled dues of the Additional Respondents, as specified in the amended scheme sanctioned by this Court dated 10th September, 2009. The Department has raised an srj/- ca-1358-09.sxw 2 objection on the ground that the Advocate for the Applicant has not filed a fresh vakalatnama and are required to do so, since the main Company Petition has already been disposed of. 2. My attention is drawn to the provisions of the Order III Rule 4 of the Code of Civil Procedure, 1908. I am of the view that it is necessary that in all such matters which have already been disposed of, no fresh Application be taken on file unless the concerned Advocate has filed a fresh Vakalatnama. Hence, the objection waived by the Registrar (O.S.)/Prothonotary and Senior Master is hereby set aside and the Advocate is directed to file a fresh Vakalatnama. 3. In view of the above, the learned Advocate appearing for the Applicants undertakes to file a fresh Vakalatnama within one week on behalf of the Applicants/Original Petitioners. 4. The Registrar (O.S.)/Prothonotary and Senior Master is directed to circulate a copy of this order to all concerned departments. srj/- ca-1358-09.sxw 3 5. The Additional Respondents who are represented by their Officers/representatives informs the Court that they have no objection, if the Application is allowed in terms of prayer clause (a). Company Application is allowed in terms of prayer clause (a). 6. Accordingly, Company Application is disposed of. (S.J.KATHAWALLA, J.) srj/-