IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.222 OF 2009 IN COMPANY PETITION NO.645 OF 1988 Aakash Vishalraj K. Rao ..... Applicant V/s. The Official Liquidator of Elmot Engineering Co. Pvt. Ltd. & Ors. ..... Respondents Mr.K.G.Munshi a/w Vaibhav Warerkar i/by M/s.Govind Desai Associates, for the applicants. Snehal Shah, Sr.Advocate with S.K.Chaturvedi and Mr.Zariwala i/by Chaturvedi & Associates, for Intervener. Mrs.U.M.Jhaveri, for the respondents. CORAM : S.J.VAZIFDAR, J. DATE : 13TH MARCH, 2009. P.C. 1. By consent, the Company Application is placed on board and heard finally. 2. The applicant seeks reliefs to commence the suit against the Liquidator and other parties before the Principal District Judge, Ranga Reddy District at L.B.Nagar. Essentially, the reliefs are claimed not against the official liquidator, but against the persons shown on the record of the company as the holders of the shares in respect of the suit which is proposed to be filed. The civil application is made absolute in terms of prayer clause (a). 2 3. Mr.Munshi, the learned Advocate for the applicant, states that no reliefs will be claimed against the Official Liquidator per se, except consequential directions in the event of the applicant succeeding in respect of his claim to the said shares. The Official Liquidator therefore, will be a formal party to the suit and will submit to the orders of the Court. However, all the papers and proceedings shall always be served upon the Official Liquidator. Liberty to the Official Liquidator to apply. In view of the same, it will not be necessary for the Official Liquidator to appear in the proceedings unless otherwise directed by this Court. 4. It is further clarified that this order and the pendency of any suit that may be filed pursuant thereto, shall not be a ground by itself for the Official Liquidator not proceeding with the liquidation proceedings.