1 WP141/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.141 OF 2011 Mr H.S. Billimoria ...Petitioner v/s The Estate Officer, Life Insurance Corporation of India and anr. ...Respondents Mr V.R. Dhond with Mr R. Khandekar, Mr H.S.R. Vakil, Mr N.H. Vakil and Mr V.B. Naik i/b M/s Mulla and Mulla and Craigie Blunt and Caroe for Petitioner. Mr J.P. Cama, Sr.Counsel with Dr Poornima Advani, Mr Himanshu Kode and Mr Omprakash Jha i/b M/s The Law Point for Respondent Nos.1 and 2. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH JANUARY 2011. 2 WP141/11 P.C. :- 1] By this petition, the petitioner challenges the order dated 15 th December 2010 passed by the Estate Officer, Life Insurance Corporation of India. Admittedly, the application for damages is filed by the respondents against Tata Textiles Ltd. and the present petitioner. It is common ground before us that Tata Textiles Ltd. is not an existing entity. Obviously therefore, the application for damages is now directed against the petitioner. In our opinion, therefore, the Estate Officer was right in holding that leave of the Company Court under section 446 of the Companies Act 1956 is not necessary. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )