1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO. 27 OF 2010 IN COMPANY APPEAL (L) NO. 19 OF 2010 IN COMPANY APPLICATION NO. 60 OF 2010 IN COMPANY PETITION NO. 29/397-398/CLB/MB/2010 WITH COMPANY APPEAL NO. 31 OF 2010. Bina Chawda. ..Applicant/Appellant/ Org.Petitioner. v/s. Rezcom Realty Pvt. Ltd. & Ors. ..Respondents. .... Mr. Chirag Balsara, a/w. Zaal Andhyarjuna, i/b. Ramesh Saraogi, for Applicant/Appellant. Mr. D.D. Madan, Senior Advocate, a/w. Mr. Chetan Kapadia, i/b. M/s. Khaitan & Co., for Respondent Nos. 1 to 10. .... CORAM : S.J. KATHAWALLA, J. DATE : 27TH AUGUST 2010. P.C. By consent of the parties, Company Appeal No. 31 of 2010 is taken up for final hearing along with Company Application No. 27 of 2010. 2. Heard learned Advocates for the Parties. 3. Mr. Madan, learned Senior Advocate appearing for the 2 Respondent Nos. 1 to 10 states that pending the hearing and final disposal of the Application No. 60 of 2010 pending before the Company Law Board (CLB) Mumbai, if the Company proceeds to dispose of the premises in the building of the Company, they shall first inform the Advocate for the Appellant in writing the price at which they propose to sell the same and shall thereafter wait for a period of seven days from the date of receipt of the said notice by the Advocate for the Appellant to enable the Appellant to quote /bring forth a higher offer. Mr. Madan, further states that if the Appellant quotes / brings forth a higher offer, the Company shall accept the same or may sell the said premises to a person whose offer is higher than that of the Appellant. The above statement of Mr. Madan is accepted. 4. Mr. Balsara, learned Advocate appearing for the Appellant has submitted that the Company be restrained from passing any resolution removing the Appellant from the Office of the Director of Respondent No.1- Company. Mr. Madan has opposed the same on the ground that as and when the Company proposes to do so, the Company shall give notice as prescribed under the provisions of the Companies Act, 1956. In view thereof, no orders are required to be passed. It is always open for the Appellant to take out appropriate proceedings impugning the 3 proposed action of the Respondent Company as per law, upon receipt of such notice. 5. By consent of the parties, the amendment sought by the Appellant to the Company Petition is allowed. The Petitioners shall carry out amendments to the Company Petition within a period of one week from today and forward a copy of the amended Petition to the Advocates for the Respondents. The CLB shall hear the Application filed by the Appellants on 6th October 2010, i.e. the date fixed for hearing of the Application. 6. Company Appeal is accordingly, disposed of. The Company Application also stands disposed of. [ S.J. KATHAWALLA, J. ]