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CS(OS) 2351/2008 and I.A. 24364/2014
CONTINENTAL CARRIERS PVT. LTD. ..... Plaintiff
Through: Mr. Manas Kumar, Advocate
Through: Ms.Geeta Sharma, Advocate for ex-Directors of defendant No.1 company
JUDGMENT
1. On the last date of hearing, none was present on behalf of either side. As a result, notice of default was issued to the plaintiff and the defendants.
2. Today, counsels for the parties jointly state that an application filed by the plaintiff under Section 446 of the Companies Act for seeking permission from the Company Judge attached to the Allahabad High Court, for pursuing the present suit against the defendant No.1 company, which is under liquidation, is still pending adjudication.
3. Counsel for the plaintiff is unable to furnish a timeline within which the said application is likely to be decided.
4. Accordingly, the present suit is disposed of, along with pending 2015:DHC:8067 CS(OS) No.2351/2008 application, while grating liberty to the plaintiff to pursue the aforesaid application as and when an order is passed by the competent court, granting permission to the plaintiff to prosecute the present suit against the defendant No.1 company, then it shall be entitled to file an application for seeking revival thereof. HIMA KOHLI, J SEPTEMBER 24, 2015 mk