1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY APPLICATION NO.1215 OF 2009 IN COMPANY APPEAL NO.28 OF 2009 IN COMPANY APPLICATION 50 OF 2009 IN COMPANY PETTION NO.116/397-CLB/MB/2008 Gopi Resorts Pvt. Ltd. ..Applicant. Vs. Alibante Developments Ltd. (Cyprus) and others ..Respondents. ... Dr. Virendra Tulzapurkar, Senior Advocate with Mr. Nikhil Sakhardande i/b DSK Legal for the Applicant. Mr. Rahul Chitnis i/b M/s. Khaitan & Co. for Respondent No.1. Mr. Sunil Gangal i/b RMG Law Associates for Respondents 2 to 8. .... CORAM : DR. D.Y. CHANDRACHUD, J. 7th December, 2009. P.C. : The only ground on which the order of the Court dated 14th August, 2009 is sought to be recalled, at the hearing of the present proceedings, is that the Member of the Company Law Board at Mumbai Bench died in October 2009 and that there was a vacancy at 2 Mumbai as a result of which the direction for the final hearing of the Petition cannot be complied. Counsel appearing on behalf of the First Respondent, however, stated before the Court that under the directions of the Chairman of the Company Law Board Shri Kanthi Narahari who is a Member of the Company Law Board is to start functioning at Mumbai today. For this reliance has been placed on an order dated 30th November, 2009 passed by the Chairman of the Company Law Board at the Principal Bench in Company Petition 112 of 2008. The order records that Shri Kanthi Narahari will start functioning at Mumbai on 7th December, 2009. In these circumstances, it is not necessary to entertain the Company Application. The parties are agreed that they shall jointly mention the proceedings before the Member at Mumbai tomorrow and join in a request for an expedited hearing of the proceedings in terms of the order that was passed by this Court on 14th August, 2009. The Company Application is accordingly disposed of. Liberty to apply *****