Dilip B. Bhosale J.

1. This Original Side Appeal is directed against the order dated 11th December 2013 passed by the learned single Judge whereby Company Application No.2214/13 in CO.P.No.164/2013 has been dismissed. Company Application was filed by the appellant-company under Section 151 of the Code of Civil Procedure, 1908 read with Section 443 of the Companies Act, 1956 (for short "the Act") and Rules 6 and 9 of the Companies (Court) Rules, 1959 seeking direction to the respondents-banks and/or the SBICAP Trustee Company Limited (for short "SBICAP-Trustee") not to prosecute Miscellaneous Application No.342 of 2013 further, filed by them under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (for short "5ARFAESI Act"), pending before the Chief Metropolitan Magistrate, Esplanade at Mumbai (for short "CMM"). Further, the appellant also sought direction to the respondents not to take physical possession of the building known as Kingfisher House, situate at Andheri, Mumbai (for short "Kingfisher House").

3. The appellant is a company incorporated under the provisions of the Act and is a constituent of UB G