1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.98 OF 2009 IN COMPANY PETITION NO.660 OF 2008 Supac Packaging Ltd. ..Petitioner/- Respondent. V/s. NRC Ltd. ..Respondent/- Applicant. WITH COMPANY APPLICATION NO.99 OF 2009 IN COMPANY PETITION NO.609 OF 2008 Bharat Shell Ltd. ..Petitioner/ Respondent. V/s. NRC Ltd. ..Respondent/- Applicant. Mr.S.B.Rao i/b. Gauri S. Rao for applicant. Mr.Himanshu Kode i/b. B.K.Barve & Co. for petitioner in Petition No.660 of 2008. Mr. Rahul Donde i/b. M/s. Kanga & Co. for petitioner in Petition No.609 of 2008. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 9, 2009. : APRIL 9, 2009. : APRIL 9, 2009. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. Even though these Applications are opposed by the Counsel appearing for the Respondents on the 2 argument that the Applicant had entered into Consent Terms fraudulently and thereafter initiated proceedings before BIFR, so as to take advantage of its own wrong. Even so, the fact remains that BIFR proceedings are now pending against the Respondent Company. In such a case, the conditional order passed by this Court on 18th October, 2008 cannot proceed further. Accordingly, the Applications succeed in terms of the prayer clause(a). 3. Company Petition Nos.660 of 2008 and 609 of 2008 shall stand restored to file to its original number to be proceeded after the BIFR proceedings are finally decided. To be listed peremptorily on 26th November, 2009 under caption "direction". (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)