CA592-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.592 OF 2010 IN COMPANY PETITION NO.282 OF 2004 Niskalp Energy Limited (Niskalp Investments and Trading Co. Ltd.). ..Applicant -versus- The Official Liquidator of Elbee Services Limited.. ..Respondent Mr.V.V.Kanade i/b Kartikeya & Associates, for the Applicant. Mr.Anupam Surve i/b Haresh Mehta & Company, for the Petitioner. Dr.T.Pandian, Official Liquidator, present in person. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd FEBRUARY 2011. P.C.: 1] This application is to grant leave under section 446(1) of the Companies Act, 1956. 2] The applicant states that it has an Award passed in its favour. While executing the said award it became aware of the order of winding up dated 12th July 2007. Therefore, leave of this Court is necessary to continue the proceedings in execution and enforcement of the Award against the O.L. 3] Having heard Mr.Kanade appearing for applicant and perusing CA592-10 2 with his assistance the affidavit in support and affidavit in reply, I am of the view that the leave as prayed deserves to be granted. Merely because the Liquidator states that the award was published on 10th November 2008 and the company was liquidated prior thereto is no ground to deny leave in terms of legal provisions and the wording of section 446(1) in particular, leave can be granted even at this stage. In these circumstances, the application is made absolute in terms of prayer clause (a). No costs. (S.C.DHARMADHIKARI, J)