1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION COMPANY COMPANY COMPANY APPLICATION APPLICATION APPLICATION NO. 1298 OF 2007 NO. 1298 OF 2007 NO. 1298 OF 2007 in COMPANY COMPANY COMPANY APPLICATION NO.302 OF 2007 APPLICATION NO.302 OF 2007 APPLICATION NO.302 OF 2007 inin in COMPANY COMPANY COMPANY PETITION PETITION PETITION NO. 412 OF 1996 NO. 412 OF 1996 NO. 412 OF 1996 Papco Papco Papco Investment Investment Investment Corporation . Petitioner Corporation . Petitioner Corporation . Petitioner BGM BGM BGM Industrial Services .. Industrial Services .. Industrial Services .. Applicant Applicant Applicant Official Official Official Liquidator Liquidator Liquidator ...... Respondents Respondents Respondents Mr.H.M.G.Murthy Mr.H.M.G.Murthy Mr.H.M.G.Murthy in in in person person person Ms.Kavita Ms.Kavita Ms.Kavita Shah Shah Shah i.b Mr.A.G.Shah for Petitioner i.b Mr.A.G.Shah for Petitioner i.b Mr.A.G.Shah for Petitioner Mr. Mr. Mr. S.Ramakant Dy.O.L.present S.Ramakant Dy.O.L.present S.Ramakant Dy.O.L.present CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1.1.1. Having heard counsel for the petitioner, I am Having heard counsel for the petitioner, I am Having heard counsel for the petitioner, I am inin in agreement with the submissions that so long as agreement with the submissions that so long as agreement with the submissions that so long as the the the applicants applicants applicants are not in a position to produce the are not in a position to produce the are not in a position to produce the original original original documents establishing their ownership in documents establishing their ownership in documents establishing their ownership in respect respect respect of the disputed premises, question of of the disputed premises, question of of the disputed premises, question of entertaining entertaining entertaining the present application at their the present application at their the present application at their instance instance instance does not arise as has been observed by does not arise as has been observed by does not arise as has been observed by this this this Court on earlier occasion in its order dated Court on earlier occasion in its order dated Court on earlier occasion in its order dated 16th 16th 16th November, 2006 passed in Company Application November, 2006 passed in Company Application November, 2006 passed in Company Application No.635 No.635 No.635 of 1999. The representative of the of 1999. The representative of the of 1999. The representative of the applicant applicant applicant in all fairness accepts that the said in all fairness accepts that the said in all fairness accepts that the said order order order has been allowed to become final as the has been allowed to become final as the has been allowed to become final as the appeal appeal appeal filed against the said order came to be filed against the said order came to be filed against the said order came to be withdrawn. withdrawn. withdrawn. 2 2.2.2. Accordingly, I am incined to defer the hearing Accordingly, I am incined to defer the hearing Accordingly, I am incined to defer the hearing of of of this application to facilitate the applicants to this application to facilitate the applicants to this application to facilitate the applicants to produce produce produce the original documents as is required in the original documents as is required in the original documents as is required in terms terms terms of original order dated 16th November, 2006. of original order dated 16th November, 2006. of original order dated 16th November, 2006. At At At this stage, representative of the applicant this stage, representative of the applicant this stage, representative of the applicant submits submits submits that the applicant will not be in a that the applicant will not be in a that the applicant will not be in a position position position to produce the original documents. If it to produce the original documents. If it to produce the original documents. If it isisis so question of entertaining this application so question of entertaining this application so question of entertaining this application does does does not arise. not arise. not arise. Dismissed. Dismissed. Dismissed. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)