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2013 Supreme(Bom) 292

S.J.KATHAWALLA
Deccan Chronicle Holdings Ltd. – Appellant
Versus
Aviotech Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appearing Parties:Vishwajit Sawant along with Vaibhav Sugdare, Rohan Sawant, Samsher Garud, Agasti Vibhute, Vivek Deo, instructed by M/s. Jayakar & Partners, Virag Tulzapurkar, Senior Advocate, along with Ventakesh Dhond, Senior Advocate, Ameet Naik, Ms. Anuja Jhunjhunwala, instructed by M/s. Naik & Company, Advocates.

JUDGMENT

1. Mentioned. Not on Board. Taken on Board.

2. By an order dated 23rd August 2012, this Court (Coram: Smt. R.S. Dalvi, J.) granted Leave under Clause XII of the Letters Patent Act, 1866 to the Plaintiff, to file the above suit before this Court. The Defendant No.5 – Deccan Chronicle Holdings Limited – has now taken out the above Chamber summons praying that the said leave granted on 23rd August 2012 be revoked.

3. Briefly set out, the relevant facts are as under:

4. The Plaintiff is a Company duly incorporated and registered under the Companies Act, 1956 and having its Registered Office at Mumbai. The Plaintiff inter alia renders financial services including providing short term loans to its customers. The Defendant No. 1 is a Private Limited Company and a subsidiary of Defendant No.5. Defendant No.1 inter alia carries on the business of air transport services and chartered aviation services. The Defendant No. 1 had availed of certain short term facilities from Defendant No. 7 - Future Capital Holdings Ltd. The said facilities have been fully disbursed and advanced to the Defendant No.1 by the Defendant No.7. The Defendant Nos. 2, 3 and 4 are individuals and the Directors








































































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