1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. COMPANY APPLICATION NO. 22 OF 2010 IN COMPANY PETITION NO. 343 OF 1986 ALONGWITH COMPANY APPLICATION NO. 23 OF 2010 IN COMPANY PETITION NO. 343 OF 1986 Gujrat State Fertilizer Co. Lt. .. Petitioner And The Board of Trustees of the Port of Bombay .. Applicants V/s. The Official Liquidator, High Court, Bombay Stretch Fibers (India) Ltd. (In Liquidation) .. Respondents .... Mr. U. J. Makhija a/w. Mr. Parag Khandhar i/b. Mulla & Mulla for the Applicants. The Official Liquidator – present. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 21, 2010. P.C. By this Application the Board of Trustees of the Port of Bombay (Applicants) are seeking leave under section 446 of the 2 Companies Act, 1956 to prosecute and continue the suit being Suit No. 3424 of 2001 filed by the Applicants inter-alia against Firth (India) Steel Company Ltd. (In Liquidation). The Applicants are unsecured creditors of the Company in Liquidation and can file their claim before the Official Liquidator for adjudication. 2. In view thereof, leave under section 446 of the Companies Act, 1956, is not granted and the Applicants are at liberty to have their claim adjudicated before the Official Liquidator. It is clarified that in the event of the Applicants filing their claims before the Official Liquidator for adjudication, the same shall be adjudicated within six months from the date of filing. 3. The Company Application is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]