1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 378 OF 2004 IN COMPANY APPLICATION NO. 343 OF 2001 IN COMPANY PETITION NO. 271 OF 1985 ECHJAY INDUSTRIES PVT. LTD.& Ors, .. Appellants. V/s. M/s. ECHJAY FORGINGS PVT.LTD.,& ORS. .. Respondents. --- Mr.Rafiz Dada, Sr. Advocate with F. Devitre, Sr. Advocate with P.N.Mody & Gaurav Joshi i/by Federal Rashmikant for the Appellants. Mr.M.S.Doctor i/by B.Munim & Co.for the Respondents. --- WITH CROSS OBJECTION NO. 01 OF 2009 IN APPEAL NO. 378 OF 2004 IN COMPANY APPLICATION NO. 343 OF 2001 IN COMPANY PETITION NO. 271 OF 1985 ECHJAY INDUSTRIES PVT. Ltd.& Ors. .. Appellant. Vs. M/s.ECHJAY FORGINGS PVT.LTD.& Ors. .. Respondents. --- Mr.Rafiz Dada, Sr. Advocate with F. Devitre, Sr. Advocate with P.N.Mody & Gaurav Joshi i/by Federal Rashmikant, for the Appellants. Mr.M.S.Doctor i/by B.Munim & Co.for the Respondents. 2 --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 23rd MARCH, 2010 P.C.: 1. By consent of the parties, the Appeal is disposed of in the following terms : i. The order dated 16th April, 2004 passed in the Company Application No. 343 of 2001 which is impugned in the Appeal is set aside. ii. That Company Application is remitted back to the learned single Judge for de novo consideration and decision in accordance with law. Iii. The learned counsel appearing for the original Applicant, who is respondent no.1, states that the respondent no.1 will file a writ petition in this court, challenging the order passed by the Divisional Joint Registrar dated 9th of March, 2001 within a period of three weeks from today and will make an application so that the writ petition that he proposes to file and the company application no. 343 3 of 2001 are assigned to the same learned Judge for being disposed of together. iv. In case, the respondent no.1 files such writ petition within the aforesaid period, in our opinion, it will be appropriate that both the the proceedings are heard together. 2. By consent of the parties, operation of the interim order dated 23rd June, 2004 passed in this Appeal shall continue to operate for a period of three weeks from today. 3. In view of the above order, the Cross- objection No. 1 of 2009 does not survive and the same is disposed of accordingly. 4. The Chamber Summons Nos. 279 of 2009 and No. 1509 of 2009 do not survive and are disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)