1 IN THE H IGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 208 OF 2010 IN COMPANY PETITION NO. 166 OF 2002 B.I.F.R. ... Petitioner And The Board of Trustees of the Port of Bombay. ... Applicants Vs The Official Liquidator, Liquidator of Modi Stones Limited (In Liqn.) ... Respondent Mr. U.J. Makhija i/b M/s. Mulla & Mulla and Cragie Blunt & Caroe for the Applicants. Dr. T. Pandian – Deputy Official Liquidator present. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JUNE, 2010. P.C. : 1. The proceedings are pending before the Small Causes Court. The Company Application is made absolute in terms of prayers (a) and (b) which read thus: “(a) That leave be granted to the Applicants under Section 446 of the Companies Act, 1956, to proceed with 2 and continue L.E. & C. Suit No.5/9 of 1989 filed by the Applicants against Bombay Tyres International Pvt. Ltd. Now known as M/s. Modistone Ltd. (in liquidation) in the Court of Small Causes at Bombay; (b) That leave be granted to Applicants to join the Official Liquidator as party Defendant in the said Suit L.E.& C. No.5/9 of 1989 in the Court of Small Causes, Bombay;”