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.48 OF 2008 IN COMPANY PETITION NO.37 OF 2008 Rohidas Shankar Gaikwad ..Applicant. (org.Petitioner.) V/s. M/s. Bagwe Udyog Ltd. & Ors. ..Respondents. Mr. Mehul Shah i/b. Arvind G.Shah for petitioner. Mr.Birendra Saraf a/w Prakash Panjabi for respondent No.3. Mr.Harihar Bhave i/b. Bhave & Co. for Respondent No.4. Mr.S.R.Srivastav i/b. Puranik & Co. for respondent No.5. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 14, 2008. DATE : FEBRUARY 14, 2008. DATE : FEBRUARY 14, 2008. P.C. : P.C. : P.C. : 1. Relief claimed in this Application, particularly, issuing injunction against the Respondent Nos. 2 to 5 and other secured creditors, not to pursue DRT proceedings is completely misplaced. If the applicant so desires, he may pursue such relief before the DRT, which application will have to be decided on its own merits in accordance with the law. 2. For the present, suffice it to observe that 2 the proceeding pending before this Court is in relation to the winding up of the Respondent company. In the said proceedings, the Applicant cannot seek reliefs against the third party. It will be open to the Applicant to take recourse to such remedy, as may be advised against the third party, which proceedings will have to be proceeded in accordance with the law. 3. In so far as prayer clause (a) is concerned, I see no propriety in accepting that request, which is founded on the fact stated in this Application, if the Applicant makes out sufficient cause for such relief in future, that be considered on its own merits in accordance with the law. 4. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)