1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Appeal no. 28 of 2009 in Company Application No.50 of 2009 in Company Petition No.116/397-CLB/MB/2008 with Company Application No.529 of 2009 Gopi Resorts Pvt.Ltd. ..Appellant vs. 1. Alibante Development Ltd. (Cyprus) and others ..Respondents Mr.Arif Bookwala, Sr.Counsel with Mr.H.Toor and Mr.N.R.Modi i/b Rustamji & Ginwala for appellant Mr.Rahul Chitnis with Mr.Amey Gokhale i.b Khaitan and Co. for respondent no.1 Ms.M.A.Bookwala i/b Rustomji & Ginwala for respondent no.8 CORAM: S.J.KATHAWALLA J. 14th August, 2009 P.C. 1 This appeal is filed under section 10F of the Companies Act, 1956 impugning the interim order passed by the Company Law Board, Mumbai Bench, Mumbai dated 9th April, 2 2009. The appellants had moved an ad-interim application before the Vacation Bench of this Court on 21st May, 2009. However, no ad- interim reliefs were granted. Thereafter the appeal has admittedly come up for final hearing on 16th June, 2009 and 17th July, 2009 when the parties did not proceed with the matter and admittedly on 17th July, 2009 the parties informed the Company Law Board that they are trying to settle the matter. The matter was, therefore, kept on 23rd July, 2009 for directions. On 23rd July, 2009 the parties informed the Board that they have been unable to settle the matter and that they will continue to have without prejudice settlement talks. The matter was, therefore, adjourned to 24th September, 2009. It is, therefore, clear that when the appellants had an opportunity of proceeding with the petition finally before the Company Law Board, by consent time was taken to explore 3 the possibility of settlement. The appellants have chosen to live with the interim order since 9th April, 2009 and not to proceed with the final hearing of the matter for which the Company Law Board is in no way responsible. The matter is now kept for final hearing on 24th September, 2009. The best that this Court can do under the circumstances is to request the Company Law Board to prepone the final hearing of the company petition some time in the first week of September, 2009. The parties shall move the Company Law Board with a copy of this order on 24th August, 2008 at 11.00 a.m. and request for pre-poning the date of hearing as set out in this order. Parties agree that they will on the next date fixed by the Company Law Board for final hearing, not seek any time/adjournment on any ground whatsoever and shall proceed with the matter if taken up on day to day basis. In view thereof the appeal stands disposed of 4 with no order as to costs. (S.J.KATHAWALLA J.)