IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application (Ld) No. 496 of 2008 in Company Application no.592 of 2007 in Company Petition No. 76 of 1991 Shri Suman Chabbra ..Applicant vs. Management Committee of Lalxmichand Bhagali Ltd. ..Respondent Mr.A.S.Gautama i/b Dhir and Dhir Associates for applicant. Mr.C.K.Rajan for applicant in C.A.No.592 of 2007 Mr.Rajeev Pillai for respondent no.1. Mr.Kalpesh J.Nansi for respondent nos.24, 38 to 40 in company appln.no.592 of 2007 Ms.Kanchan Pamnani for respondent nos.36 and 37 in company appln.no.592 of 2007 CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 17th April, 2008 17th April, 2008 17th April, 2008 P.C. P.C. P.C. 1. Mr.Rajan appearing for the applicant - Laxmichand Bhagaji Co.Ltd. in company application no. 592 of 2007 submits that the copy of the present company application has not been served upon him. 2. He makes a further statement that the original applicant Laxmichand Bhagaji Pvt.Ltd. has filed an appeal against the order passed by this Court on 17th January, 2008. The appeal is yet to be placed for admission. 3. The learned Counsel appearing for the applicant Suman Chabbra who has moved the present application for extension of time to comply with the order passed by this Court, states that a sum of Rs.30,25,000/- has already been paid, further sum of Rs.20,00,000/- would be paid within a period of ten days from today and balance sum of Rs.75,00,000/- would be paid within 60 days from today. He, therefore, seeks appropriate orders in the company application. 4. Mr.Rajan states that he has no instructions. 5. In my view mere pendency of the appeal and no prohibitory order being passed therein, would not prevent this Court from taking up the company application and passing appropriate orders thereon. 6. After perusing the application and affidavit in support and considering that substantial sum has been deposited interest of justice would be subserved if the company application is made absolute in terms of prayer clause (a). There will be no order as to costs. 7. Until the applicant makes compliance with the order passed by this Court within the time stipulated in prayer clause (a) of the company application, the committee shall not initiate any coercive measures to recover the amount. No further extensions will be granted under any circumstances and all consequences in law will follow thereafter. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)