: 1 : Company Appeal-2-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO.2 OF 2011 IN COMPANY PETITION NO.87/397-398/CLB/MB/2010 Jer Rutton Kavasmanek Alias Jer Jawhar Thadani & Anr. ... Appellants V/s. Gharda Chemicals Limited & Ors. ... Respondents Mr. Pravin Samdani a/w Ms Khyati Ghevaria & Mr. Shriraj Dhruv i/b Dhru & Co. for the Appellants Mr.T.N. Subramanian Sr. Counsel a/w Mr. Nishad Nadkarni i/b Legasis Partners for the Respondents CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 8, 2011. P.C.: 1 Mentioned. Not on board. 2 It is stated that two Company Appeals were on this Court’s board. One Company Appeal has been disposed of, whereas no orders are made on the other Company Appeal. 3 It is stated that by a letter dated 9-12-2010, the Extra Ordinary General Meeting which was scheduled to be held on 10-12-2010 has been adjourned / postponed. A fresh notice will be issued intimating the date of : 2 : Company Appeal-2-11.sxw the Extra Ordinary General Meeting. 4 In these circumstances, the Learned Counsel Mr. Samdhani appearing for the Appellants seeks leave to withdraw this Appeal with liberty to adopt appropriate proceedings, in case an occasion arises and if fresh meeting is convened. 5 The application for withdrawal is granted. The Company appeal is allowed to be withdrawn and is dismissed as such with liberty to the Appellants to adopt appropriate proceedings in case a fresh Extra Ordinary General Meeting is convened. All contentions of both the sides in that behalf including the maintainability are kept open. 6 Needless to, therefore, state that if the Appellants adopt appropriate proceedings, the Company Law Board or such other Forum may decide the same on its own merits and in accordance with law. 7 Needless to state that a fresh Extra Ordinary General Meeting is convened, that would necessarily mean a fresh cause of action and once this Appeal is withdrawn, there is no doubt that the Company Law Board or such other forum which is approached by the Appellant, will decide the proceedings independent of the observations made in the earlier order. (S.C.DHARMADHIKARI, J.)