IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.353 OF 2009 IN SHOW CAUSE NOTICE NO.1 OF 2008 IN CHAIRMAN’S REPORT DATED 14TH JULY 2008 IN COMPANY APPLICATION (LODGING) NO.673 OF 2003 IN COMPANY PETITION NO.327 OF 2001 WITH COMPANY APPLICATION (LODGING) NO.75 OF 2002 WITH COMPANY APPLICATION NO.139 OF 2002 WITH CHAIRMAN’S REPORT DATED 31ST MARCH 2008 Europlast India Ltd. ...Applicant V/s. S.H.Kelkar & Co. & Ors. ...Respondents And Mr.Rajeev J.Khandelwal & Ors. ...Noticees AND SHOW CAUSE NOTICE NO.1 OF 2009 Shri Vilas Keshav Wakade & Anr. ...Noticees ...... Mr.Pankaj S.Shah for Applicant. Mr.Mahendra Agavekar i/b Mr.A.A.Garge for Respondent No.2/Ashoka Buildcon Pvt.Ltd. Mr.N.J.D’Monte for some of the unsecured creditors and for fixed deposit holders. Mr.A.P.Kothari, Court Appointed Chairman of the Committee/ Dy.Official Assignee is present. ...... : 2 : CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2009. MARCH 24, 2009. MARCH 24, 2009. P.C. 1. Not on Board. Upon mentioning, taken on Board. Heard Counsel for the Applicant. 2. In view of the urgency, Application is taken up on Board on mentioning and proceeded forthwith as it is limited to the issue of considering request for changing the mode of publication indicated in order dated 18th February 2009. According to the Applicant, if publication is to be resorted to newspapers named in the said order, the aggregate cost to be incurred towards publication by the Applicant would be to the extent of around Rs.19,00,000/- (Rupees Nineteen Lakhs). The Applicant is not opposed to publication as directed by this Court, but has requested the Court to consider alternative local newspapers which have equally wide circulation in the locality. 3. By the said order dated 18th February 2009, I had ordered publication in one English daily Newspaper and one vernacular daily newspaper : 3 : in the respective places at Ambala, Delhi, Mumbai. 4. Insofar as publication at Mumbai, the direction was to publish in Indian Express, (English), Mumbai Edition and Maharashtra Times (Marathi), Mumbai Edition. Instead, the Applicant has requested to allow publication in Free Press Journal (English), Mumbai Edition and Nav Shakti (Marathi), Mumbai Edition. There is no difficulty in accepting this modification. However, the Company Registrar informs that publication cost in Maharashtra Times (Marathi), Mumbai Edition is not so expensive and there are schemes under which it can be done at a lesser cost. If that is possible, the Applicant shall explore that possibility in the first place in consultation with the Company Registrar. Only if the Company Registrar is satisfied that even the alternative scheme in which publication can be done in Maharashtra Times is not viable or more expensive, may permit the Applicant to issue notice in Nav Shakti (Marathi), Mumbai Edition. : 4 : 5. Insofar as publication in City of Ambala is concerned, the order directs the Applicant to issue publication in Tribune (English) Ambala Edition and Punjab Kesari Times (Hindi), Ambala Edition. Insofar as publication in Punjab Kesari Times (Hindi), Ambala Edition is concerned, the Applicant is willing to do that. However, the Applicant wants change in respect of publication in English local newspaper. Instead of Tribune having circulation in Ambala, the suggestion is to permit publication in Tribune, Chandigarh. This request cannot be accepted, inasmuch as the last known residential address of the concerned noticees is at Ambala and not at Chandigarh. The purpose of publication is to put the said noticees to notice about the present proceedings. 6. Insofar as publication in local newspapers in Delhi City, the order directed the Applicant to publish it in Hindustan Times (English), Delhi Edition and Navbharat Times (Hindi), Delhi Edition. Instead, the Applicant insists to issue publication in the Statesmen and Veer Arjun, Delhi edition. Insofar as request to allow publication in : 5 : Statesmen (English), Delhi edition that can be accepted as even the said paper has wide circulation. However, request to allow the publication in Veer Arjun (Hindi), Delhi Edition, is rejected. Instead, the Applicant shall issue publication in Navbharat Times (Hindi), Delhi Edition as already ordered. 7. In view of the liberty granted to the Applicant in terms of this order, the returnable date of the main matter will now have to be altered to 2nd May 2009. Office shall inform all concerned about the altered date. This indulgence is shown on the assurance given by the Advocate for the Applicant that they would inform all concerned about this development and take the responsibility of reimbursing cost to any of the party who would attend the Court tomorrow under the impression that the main matter is likely to proceed tomorrow in terms of the previous order. That undertaking is accepted. 8. The publication in terms of this order shall be issued on or before 3rd April 2009 in : 6 : consultation with the Company Registrar and affidavit of publication filed before that date. The publication shall now mention that the concerned noticees will be free to file their reply affidavit, if any, on or before 20th April 2009 in the Registry well in advance. 9. Application allowed on the above terms. 10. No other direction is warranted on the present application. The above arrangement is only by way of indulgence. A.M.KHANWILKAR, J.