1 coapp-39-40 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPEAL NO. 39 OF 2010 IN COMPANY PETITION NO. 57/397-398/CLB/MB/2010/4777 AND COMPANY APPLICATION NO. 105 OF 2010. Mr. Paul McGlade Senior & Anr. ..Appellants/Org.Petitioner. v/s. M/s. Nita Infrastructure Pvt. Ltd. & Ors. ..Respondents. WITH COMPANY APPEAL NO. 40 OF 2010 IN COMPANY PETITION NO. 56/397-398/CLB/MB/2010/4787 AND COMPANY APPLICATION NO. 106 OF 2010 Mr. Paul McGlade Senior. ..Appellant. v/s. M/s. Prerak Investment Services Pvt. Ltd. & Ors. ..Respondents. .... Mr. Zal Andhyarujina, a/w. Ms. Komal Joshi, a/w. Mr. Kayval Shah, i/b. Khaintan & Jayakar, for Appellants. Dr. V. Tulzapurkar, Senior Counsel, a/w. Mr. Nikil Sakhardande, i/b. Mohan P. Singh, for Respondent Nos. 1 to 3. Mr. Lalan Gupta, i/b. Dhruve Liladhar & Co., for Respondent No.4. .... CORAM : S.J. KATHAWALLA, J. DATE : 20TH OCTOBER 2010. P.C. The following order is passed by the consent of the parties : (i) The Appellants shall be at liberty to file an application for carrying out amendments to the Plaint in Civil Suit 2 coapp-39-40 No.24/2010/C filed by the Appellants in the Court of the Civil Judge, Senior Division, Goa. (ii) In the event of the Appellants filing such Application seeking amendments to the Plaint, the Respondents will be allowed to oppose the said amendment application on all grounds available to them under the law, and the Civil Judge, Senior Division, Goa shall after hearing the Advocates for the parties, dispose of the same within a period of two weeks from the date of service of the said application on the Respondents herein (Defendants therein) (iii) In the event of the Civil Judge, Senior Division, Goa, allowing the Application of the Appellants to amend the Plaint, the Appellants after carrying out such amendments shall be at liberty to file a fresh application before the CLB, Western Region Bench seeking interim reliefs, which application shall be heard on its own merits. However, it is clarified that the fresh application seeking interim reliefs shall not be rejected on the ground that the earlier application filed by the Appellants seeking interim reliefs is disposed of by the impugned order dated 21st July 2010. (iv) This order shall in no way preclude the CLB, Western Region Bench from proceeding with the final hearing of Company Petition Nos. 56 of 2010 and 57 of 2010 on the date fixed by the CLB for hearing. 2. The above Appeals are accordingly, disposed of. The Company Application Nos. 38 of 2010 and 39 of 2010 are also disposed of. [ S.J. KATHAWALLA, J. ]