*1* coappl.13.10.sxw kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL (L) NO.13 OF 2010 IN CLB COMPANY PETITION NO.10 OF 2008 WITH COMPANY APPLICATION NO.17 OF 2010 Shri Vrajlal Talakshi Gala. ..Appellant -Versus- Orient Realtors Pvt.Ltd. and others. ..Respondents .......... Mr.Pravin K. Samdhani, Senior Counsel, a/w Ms.Faiza A. Dhanani i/b M/s Dhruve Liladhar and Company for the Appellant. Mr.R.I. Chagla i/b M/s Mayur Narendra and Company for the Respondents No.1 and 2. .......... CORAM : S.J. VAZIFDAR, J. DATE : 16th August, 2010. P.C. 1 This is an appeal against the order of the Company Law Board dated 04th March, 2010. 2 The Company Law Board cannot be faulted for having rejected the application on the ground that the reliefs claimed therein had already been granted by the order dated 28th April, 2008 in the same petition. 3 Firstly, it is important to note that the Respondent *2* coappl.13.10.sxw disowned the notice claimed to have been placed on the property on the basis whereof the application was made. Thus, the Respondent’s case is that they never intended to act pursuant to the said notice as they had disowned the same. Further it is clarified that the fixed assets would naturally cover the entire property known as “Kemp Shoppe” situated at Kemps Corner, Mumbai. Thus, the Respondent cannot sell or dispose of or create any encumbrance in respect of the said property without the leave of the Company Law Board. 4 Subject to the above clarification, the Company Appeal is disposed of. 5 In view of the final disposal of the Company Appeal, the Company Application No.17/2010 does not survive and the same is also disposed of. -