Lsp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY COMPANY APPLICATION NO. 1397 OF 2008 IN COMPANY PETITION NO. 143 OF 2008 Tejas D. Shah ...Applicant V/s. Sanika Chemicals (P)Ltd. ...Respondents Mr. Shailesh Shah a/w. Ms. Sheetal Shah i/b. Mehta & G.I.R. for the applicant. S.L.Mhase for resopndents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18th November, 2008 : 18th November, 2008 : 18th November, 2008 P.C. . Heard Counsel for the parties. In my opinion, instead of appointing Provisional Liquidator in respect of respondent company, it would be sufficient if the respondent company is directed not to create third party right, title or interest in any manner in relation to existing assets (movable and immovable) without taking prior permission of this Court. Counsel for the respondent assures on behalf of respondent company that this condition will be scrupulously observed by the respondent company. That assurance is accepted on behalf of present Board of Directors. Application is disposed of on the above terms. 2. In so far as Company Petition No. 143/2008 is 2 concerned, it is noticed that publication has already been done. In the circumstances, petition will have to proceed for hearing. Advocate appearing for respondent company waives notice in relation to respondent company. Place Company Petition for hearing on 18th December, 2008 to be listed as per its turn. 3. Reply to the Company Petition be filed in the Registry on or before 24th November, 2008. Rejoinder be filed on or before 28th November, 2008. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]