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Bombay High Court

ANKUSH SHIVAJI JAWALKARversusTHE OFFICIAL LIQUIDATOR PATHEJA FORGINGS AND AUTO PARTS MANUFACTURES LTD (IN LIQUIDATION)

Decided
Disposal
DISPOSED OFF

Holding

The interim applications are disposed of as they no longer survive following the transfer of the proceedings to the NCLT.

Summary

The High Court noted that the proceedings concerning interim applications filed by the petitioners, Ramesh Rajaram Salunkhe and Ankush Shivaji Jawalkar, had already been transferred to the National Company Law Tribunal (NCLT). Consequently, the court held that the interim applications no longer survived. The court therefore disposed of both interim applications without further hearing. No substantive merits of the applications were considered. The order was pronounced by Justice Arif S. Doctor on 30 April 2026.

Issues considered

  • Whether the interim applications filed in the High Court survive after the matter is transferred to the NCLT

Subjects

  • interim application
  • transfer of jurisdiction
  • NCLT
  • company liquidation
  • High Court disposal

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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