Company petition
Dharmish Bhupen Shah
(Querist) 27 March 2012
This query is : Resolved
I filed CP in 1997 for winding up. In 2007, i got Conditional order and in 2008 final order for winding up. Again in 2010, order was stayed and CP was recalled for final hearing and order was again in my favor. Defendant went in Appeal and Order was set aside by Division Bench asking Original Petitioner to file a Suit. Now on 23rd Feb 2012, Suit was decreed as prayed. But Still Defendant havent paid... SO what could be Next couse of Action? Can i Revive my Petition again?
Anirudh
(Expert) 27 March 2012
Having obtained a decree from the Court in your favour, now you have to file an Execution Petition for execution of the Decree. Mere obtaining decree is not enough. You have to talk to your lawyer and move the execution petition.
Dharmish Bhupen Shah
(Querist) 27 March 2012
Dear Anirudh Sir,
Thank you for your reply. I had just read an order in CP/1096/2000 Bombay high Court.
It says that "The Execution Application was preferred by the petitioners but that was withdrawn on 24th April, 2009 to take recourse to such remedies as are available in law".
I have attached the order.
Now since company against whom we had filed petition n summary suit is not doing any significant business.. And since Remedies are available then can i Revive my Original Petiton? is it possible to revive under Rule 9?
How can i take the opinion of Retired or Present Judge? can you help me with the procedure?
Thanking you in anticipation.
Dharmish Shah
Dharmish Bhupen Shah
(Querist) 27 March 2012
Sir, if you wish i can mail you my case details. Let me know on shahdharmish@rediffmail.com
Sankaranarayanan
(Expert) 27 March 2012
Seek advice from lawyer. If the cp favour to you trhe only way to collect ur arrier by EP
Anirudh
(Expert) 27 March 2012
Dear Mr. Dharmish,
Since the matter relates to Mumbai area, I would strongly suggest that you should get in touch with Mr. Ajay Sethi, an expert in this LCI and who is practising at Mumbai. He is Number 7 in the HALL OF FAME IN THE LCI.
His address is:
Mr. Ajay Sethi,
Advocate
4th floor ,11, Churchgate house,
32 -34 Veer Nariman Road, Fort
Mumbai 400001.
V R SHROFF
(Expert) 27 March 2012
Anirudh, pl let me know ::
Shah is a STUDENT, and how he filed CP in 1997 for winding up. In 2007???
WHERE IS REGULAR DARKHAST??
Dharmish Bhupen Shah
(Querist) 27 March 2012
Dear Shroff Sir,
True i m a student, age 23. CP was filed by my father and since past 5 years i m handling all the proceedings.i know about the case in and out.
Its just i m trying to get some more opinion as i dont know how to approach or get appointment with judge or some very senior lawyers.
Can you please help me out or give your opinion?
Dharmish Bhupen Shah
(Querist) 27 March 2012
Dear Anirudh Sir,
Thanks a Lot for that contact. I ll make sure i meet him soon.
Thanks again
