1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.30 OF 2008 IN COMPANY PETITION NO.239 OF 2005 M/s.Maingi Maritime Consultant P.Ltd. ..Applicant. V/s. M/s. Seatrans Shipping Ltd. ..Respondent. Mr.Joseph i/b. Joseph & Associate for applicant. Mr.Ashwin Shankar for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 14, 2008. DATE : JANUARY 14, 2008. DATE : JANUARY 14, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The principal ground stated in this application is that the certified copy of the Order dated May 4, 2007 indicates that the same has been passed by Justice Karnik, but on that day Justice Karnik was in fact sitting in Division Bench and not taking up single Judge’s matter. There is no substance in this grievance. For, on that day, as the Division Bench work could not be conducted, Justice Karnik was required to take up single Judge’s matter, for which reason Company Petition No.239 of 2005 proceeded before His Lordship on 4th May, 2007. 2 In other words, the above reason is unacceptable. 2. However, there is yet another reason, for which indulgence will have to be shown to the Applicant. In as much as, the day on which order came to be passed on 4th May, 2007, there was already order of stay of further proceedings passed by the Division Bench operating in respect of said Company Petition. That position is not disputed. If it is so, the matter could not have proceeded on 4th May, 2007. The argument of the Respondent company that this grievance ought to be made by way of appeal and not by way of Application in the form in which it is filed, deserves to be only stated to be rejected. 3. For the later reason, I am inclined to allow this application in terms of the prayer clause (a). Application disposed of accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)