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2004 Supreme(Bom) 32

A.M.KHANWILKAR
Hy-Line International – Appellant
Versus
C & M Hy-Line Farms Pvt. Ltd – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---By this application, the applicant-company prays that it be permitted to intervene and to file affidavits and be heard at the admission and at every stage of the petition and in all proceedings concerning thereto. The basis on which intervention is sought is that the applicant-company has vital interest in the affairs of the C M Hy-Line Farms Pvt. Ltd., which is proposed to be wound up by Company Petition No. 158 of 2003 on the ground purported to be under section 433(e) and 433(f) of the Companies Act. According to the applicant, the applicant-company is share holder of the said company and is also a Joint Venture Partner along with the petitioner. Besides, the applicant company is creditor as well as guarantor of the company proposed to be wound up. It is, therefore, asserted that the applicant company has vital interest in the proceedings and any order passed in these proceedings may prejudice the applicant. Besides, it is asserted that the present company petition is not a bona fide petition for the reasons set out in the affidavit. On the above contentions, it is prayed that the applicant be permitted to intervene in the Company Petition No.







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