Darius Rutton Kavasmaneck vs. Gharda Chemicals Ltd. Director

\224 ITEM NO.1 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No.2 in Petition(s) for Special Leave to Appeal (Civil) No(s).13640/2013 (From the judgement and order dated 20/12/2012 in CLBCP No.87/2010, COA No.41/2012 and CLBCA No.85/2012 of The HIGH COURT OF BOMBAY) JER RUTTON KAVASMANECK @ JER J.T.& ANR. Petitioner(s) VERSUS GHARDA CHEMICALS LTD. & ORS. Respondent(s) (With appln(s) for modification of Court's order and office report) Date: 18/07/2013 These Matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. Sanjiv Sen,Adv. Mr. Gaurav Goel,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. E.C. Agrawala,Adv. For Respondent(s) Mr. Sumit Goel,Adv. for M/s. Parekh & Co.,Advs. Mr. Harish N. Salve,Sr.Adv. Ms. Sonali Jaitley,Adv. Mr. P.V. Yogeswaran,Adv. Mr. Harsimrat Randhawa,Adv. Ms. Neha Jain,Adv. UPON hearing counsel the Court made the following O R D E R I.A. No.2 of 2013 has been filed on behalf of the petitioners for modification and/or correction of an error which, according to the petitioners, has crept into the order passed on 7th May, 2013, whereby notice was issued, service of ...2/- - 2 notice was dispensed with and directions were given for filing of affidavits. In the last paragraph, it was mentioned that, in the meantime, the proceedings before the Company Law Board may be proceeded with. Mr. Sen, in support of the application, submits that it was possibly the intention of the Court to stay the proceedings, which has, however, not gone down in the order. Having heard Mr. Sen and Mr. Salve, appearing for the parties, we modify the aforesaid order of 7th May, 2013, to the extent that the proceedings of the Company Law Board may be proceeded with, but no final orders are to be passed without the leave of this Court.

I.A. No.2 is disposed of accordingly. Let this matter be listed on 26th August, 2013.

[ T.I. Rajput ] [ Juginder Kaur ] Deputy Registrar Assistant Registrar