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2015 Supreme(Bom) 1951

S.J.KATHAWALLA
Supermax Personal Care Pvt. Ltd. – Appellant
Versus
Vidyut Metallics Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Ravi Kadam, Senior Advocate with Mr. A. Bookwala, Senior Advocate, along with Mr. Ashish Kamat, Mr. Ankit Lohia, Mr. Ranjit Shetty, Ms. Aastha, Mr. Rohan Agrawal instructed by M/s. Udwadia Udeshi & Argus Partners, for the Appellant
Mr. Aspi Chinoy, Senior Advocate, along with Mr. Mustafa Doctor, Senior Advocate, Mr. Rohaan Cama, Mr. Rohan Dakshini, Ms. Shweta Jaydev, Mr. Prakhar Parekh and Mr. Ashwin Bhadang, instructed by M/s. Federal & Rashmikant, for the Respondent Nos. 1 and 2
Mr. Prashant Chawan with Mr. Navdeep Vora i/by M/s. Navdeep Vora and Associates, for MIDC

JUDGMENT:

1. The present Appeal is filed by the Appellant- Super Max Personal Care Pvt. Ltd. (“SPCPL”) against the Order dated 2nd February, 2015, passed by the Company Law Board, Western Region Bench [“the impugned order”] on the ground that the Company Law Board (“CLB”) inter alia granted ingress to Respondent No. 2 Mr. Rajinder Kumar Malhotra (“RKM”) into Plant No. 2 of the Respondent No. 1 – Vidyut Metallics Pvt. Ltd. (“VMPL”), which is in possession and control of SPCPL since the year 2010/11, without SPCPL being a party to the proceedings pending before the CLB, and which is the subject matter of an Arbitration Petition pending before this Court arising out of a Business Transfer Agreement (“BTA”) dated 30th December, 2010. Even in the written submissions tendered in Court by SPCPL, it is categorically mentioned that, “The Appellants' case is of possession of Plant 2 by virtue of the BTA dated 30th December, 2010 and the Supplementary BTA dated 18th March, 2011 (Appeal Pgs. 12-13).”

2. It is very necessary to point out at the outset, that SPCPL has in the above Appeal alleged that pursuant to the BTA and the Supplementary BTA it is in possession and control of VMPL's Plant 2 si
















































































































































































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