1 61 & 62 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL (L) NO. 26 OF 2011 WITH COMPANY APPLICATION (L) NO. 25 OF 2011 IN CLB COMPANY APPLICATION NO. 29 OF 2011 IN CLB COMPANY PETITION NO. 78 OF 2010 AND COMPANY APPEAL (L) NO. 28 OF 2011 WITH COMPANY APPLICATION (L) NO. 27 OF 2011 IN CLB/COMPANY APPLICATION NO. 73 OF 2011 IN CLB/COMPANY PETITION NO. 78 OF 2010. Jagdish Chandra Mansukhani. ..Appellant/ Org.Applicant. vs. MAN Industries (India) Limited & Ors. ..Respondents. Anita Mansukhani & Ors. ..Proforma Respondents. Mr. Janak Dwarkadas, Senior Counsel, a/w. Mr. Rahul Chitnis & Mr. D.R. Mehta, i/b. Dhruve & Liladhar & Co., for Applicant. Mr. D.D. Madon, Senior Counsel, a/w. Mr. Ajay Fernandes, i/b. Kanga & Co., for Respondent No.1. Mr. Sachin Kudalkar, i/b. Madekar & Co., for Respondent Nos.2 to 8. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH JULY 2011. P.C. : Heard the learned Advocates appearing for the parties. The following order is passed by consent of the parties :- 2 61 & 62 (i) The above Company Petition No. 78 of 2010 is fixed for hearing before the Company Law Board (CLB) Western Region Bench on 18th July 2011. The learned Advocates appearing for the parties agree that they shall not seek any adjournment on that day or on any subsequent date of hearing and shall proceed with the matter as and when it is fixed for hearing by the CLB. (ii) The Appellants shall forward a copy of their affidavit in rejoinder to the Advocate for the Respondents latest by 2.00 p.m. on 16th July, 2011. However, the appellants shall proceed with the hearing of the Company Petition on 18th July, 2011 and if they conclude their arguments on the same day, the respondents shall be granted time to commence their arguments on the next date of hearing, and on that day they shall be allowed to file their response to the rejoinder, if any. Even otherwise the respondents shall be allowed to file their response to the rejoinder, on the date of hearing subsequent to 18th July, 2011. (iii) The CLB shall endeavour to dispose of the Company Petition No. 78 of 2010 on or before 16th August 2011 and pass its orders by 31st August 2011. (iv) Needless to add that the CLB shall proceed to hear the Company Petition on merits without being influenced by its prima- facie observations/findings recorded in its orders dated 22nd April 2011 and 29th June 2011. 3 61 & 62 (v) The above Company Appeals along with the Company Applications stand disposed of. (vi) The Advocate on record for the Appellants undertake to have the Company Appeals as well as the Company Applications numbered within a period of one week from today. The undertaking is accepted. [ S.J. KATHAWALLA, J. ]