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IN THE MATTER OF RESERVE BANK OF INDIA versus KUBAR MUTAL BENEFITS LMT.

High Court of Judicature at Allahabad

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In The Matter Of Reserve Bank Of India v. Kubar Mutal Benefits Lmt. - COMPANY PETITION No. 87 of 1999 [2007] RD-AH 13958 (14 August 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.P. Mehrotra, J.

Pursuant to the order dated  7.8.2007, the case is listed today.

Sri Anjani Kumar Mishra, learned counsel for the Official Liquidator,  Sri Anurag Khanna, learned counsel for the Ex-Directors, and Sri V.K.S.Somwansi , holding brief for Sri Krishna Mohan, learned counsel for the Oriental Bank of Commerce, are present.

By the order dated 12.4.2007, M.M.Sharma, the third Ex-Director  was directed to be personally present on the next date fixed in the case, namely, 17.5.2007 , as per the directions given in the order dated 20th March, 2007.

On 17.5.2007, the case was adjourned on account of illness -slip having been sent by the learned counsel for the Official Liquidator.

Sri Anurag Khanna, learned counsel for the Ex-Director states that the said M.M.Sharma ( Ex-Director) had come to Allahabad to appear before the Court on the said date i.e., 17.5.2007 but as the case was adjourned on account of illness -slip having been sent by the learned counsel for the Official Liquidator, the said M.M. Sharma ( Ex-Director ) did not appear before the Court nor was the Court informed that the said M.M.Sharma ( Ex-Director )  had come to Allahabad for appearance before the Court.

By the order dated 17.5.2007, the case was directed to be listed on 6.7.2007.

Sri Anurag Khanna, learned counsel for the Ex-Directors submits that on 11.7.2007, an application being Civil Misc. ( Exemption ) Application No. 156950 of 2007, was filed on behalf of the said M.M.Sharma ( Ex-Director ) , interalia, praying for exempting his personal appearance on 6.7.2007.

A perusal of the record shows that the said Exemption Application is on  the record.

An Affidavit, sworn by one Dinesh Pratap Singh on 6.7.2007, was filed in support of the said Exemption Application.

It is, interalia, stated in the said Affidavit that the said M.M.Sharma ( Ex-Director ) had got reservation  done on 30th June, 2007 itself  to reach Allahabad from Meerut on 5th July, 2007 morning  to be personally present before the Court ; and that on 5th July, 2007,  the said M.M.Sharma ( Ex-Director ) suddently fell ill and  suffered from High Grade Fever.

Medical Certificate issued by Dr. Jitendra Kumar dated 5.7.2007 has been filed as Annexure No 2 to the said Affidavit.

Sri Anurag Khanna, learned counsel for the Ex-Directors,  further submits that on 6.7.2007, the  case was passed over on account of illness-slips of two learned Advocates, but no specific future date was fixed. The case was thereafter listed on 26.7.2007, and then on 7.8.2007. However, as  no specific date was fixed in this case  after 6.7.2007 , the said M.M. Sharma ( Ex-Director ) could not appear in person before the Court when the case was listed on such subsequent dates.  

Sri Khanna further submits that the said M.M. Sharam ( Ex-Director ) will be personally present before the Court on any  future date fixed by the Court.

Sri Khanna prays for further time  for filing reply to the Official Liquidator's Report No. 112 of 2007 , as well as to the Counter Affidavit, sworn on 13.3.2007, filed on behalf of the Oriental Bank of Commerce, as mentioned in the order dated 12.4.2007.

Let this be done by the next date fixed in the matter.

Sri Anjani Kumar Mishra, learned counsel for the Official Liquidaor has filed today a report  of the Official Liquidator being Report no. 150 of 2007, in compliance with the directions given in the  said order dated 12.4.2007.

Copy of the said Report has been served on Sri Anurag Khanna , learned counsel for the Ex-Directors.

Sri Anurag Khanna prays for and  is granted three weeks' time for filing reply to the aforesaid Report No. 150 of 2007, submitted by the Official Liquidator.

Rejoinder Affidavit, if any, may be filed by the next date fixed in the matter.

List this case on 4.10.2007.

The said M.M.Sharma ( Ex-Director ) will be personally present before the Court on the said date i.e., 4.10.2007.

dt. 14.8.2007

Company Petition No. 87 of 1999/aks.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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