1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.155 OF 2009 IN COMPANY PETITION NO.290 OF 2000 Shri Vashumal D. Raheja. ..Applicant. V/s. M/s.Olympus Superstructures Pvt.Ltd. ..Respondent. Ms.Sheela Pathak i/b. Pathak Associates for Applicant. Mr.Kamlesh Patel i/b. Deven Dwarkadas & Partners for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 9, 2009. : APRIL 9, 2009. : APRIL 9, 2009. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. Although the Counsel for the Respondent prayed for time to file reply, in my opinion, no indulgence can be shown, as it is not in dispute that copy of the Application has been served on the Respondent long back. As a matter of fact, the matter appeared on 6th February, 2009 on the earlier occasion and it was adjourned. Although the explanation offered in the affidavit in support of the application is unacceptable, however, as the litigant should not suffer for the mistake of the advocate, indulgence will have to be shown. 2 3. I am inclined to entertain the request of the Applicant, as I am impressed by the ground put forth that the basis on which the order was passed on 21st November, 2008 is incorrect. In that, the Registered Office of the Respondent Company as per the relevant search report available from the official website of the ROC is the same on which the statutory notice was sent namely Harshad Villa, Nehru Road, Vile Parle(East), Mumbai. Indeed, in my order dated 21st November, 2008 I have referred to form No.18, which however, is dated 16th March, 1998. In the circumstances, delay in filing present application is condoned. Order dated 21st November, 2008 is recalled and the Company Petition No.290 of 2000 is restored to the file to its original number, to be proceeded for admission on condition that the advocate on record shall pay costs quantified at Rs.3,000/- to the High Court Legal Services Committee within one week from today. Payment of cost is condition precedent. 4. Petition be listed for admission on 2nd May, 2009 subject to above. 5. Needless to observe that all issues in the 3 Company Petition are left open to be decided on its own merit in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)