Bombay High Court

RAMESH RAJARAM SALUNKHEversusTHE OFFICIAL LIQUIDATOR M/S PATHEJA FORGINGS AND AUTO PARTS MANUFACUTRES LTD.

Decided: 30 April 2026
Disposal: DISPOSED OFF
Bench: ARIF S DOCTOR

Holding

The interim applications do not survive the transfer of the main proceedings to the NCLT and are therefore disposed.

Summary

The petitioners, Ramesh Rajaram Salunkhe and Ankush Shivaji Jawalkar, filed interim applications in Company Petition No. 108 of 2008 against the Official Liquidator concerning the liquidation of M/s Patheja Forgings and Auto Parts Manufactures Ltd. The applications were filed in the Bombay High Court. The Official Liquidator informed the Court that the main proceedings had already been transferred to the National Company Law Tribunal (NCLT). The Court examined whether the interim applications could continue in its jurisdiction after such transfer. Finding that the transfer extinguished the Court's jurisdiction over the interim applications, the Judge ordered their disposal.

Issues considered

Do interim applications filed in the High Court survive when the main proceedings are transferred to the NCLT?

Subjects

interim application
jurisdiction
NCLT
liquidation
transfer of proceedings

Judgment

                                          1/2        23 & 24-IA-2382-2026 (OS).DOC



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION


                    (23) INTERIM APPLICATION NO. 2382 OF 2026
                                          IN
                        COMPANY PETITION NO. 108 OF 2008


Ramesh Rajaram Salunkhe                                      ...Applicant
In the matter of:
B.I.F.R.                                                     ...Petitioner
           Versus
The Official Liquidator
M/s Patheja Forgings And
Auto Parts Manufacutres Ltd. (In Liqn.)                      ...Respondent
                                          AND
                    (24) INTERIM APPLICATION NO. 2385 OF 2026
                                          IN
                        COMPANY PETITION NO. 108 OF 2008


Ankush Shivaji Jawalkar                                      ...Applicant
In the matter of:
B.I.F.R.                                                     ...Petitioner
           Versus
The Official Liquidator
M/s Patheja Forgings And
Auto Parts Manufacutres Ltd. (In Liqn.)                      ...Respondent
                                      _______
Mr. Ansh Agal for the Applicant (Through VC).
Mr. Ranjeev Carvalho, for Official Liquidator.
Mr. Satyajit Roul, Official Liquidator.
                                      _______
                             CORAM         :     ARIF S. DOCTOR, J.
                             DATE          :     30th APRIL, 2026


P.C.



Areeb
                                        2/2          23 & 24-IA-2382-2026 (OS).DOC




1.      It is informed by Mr. Carvahlo, learned counsel for the Official Liquidator

that these proceedings have already been transferred to the NCLT, hence the

captioned Interim Applications do no survive and are accordingly disposed of.




                                                  [ARIF S. DOCTOR, J.]




Areeb

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