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BOMBAY HIGH COURT - BENCH AT GOA
M/S. FOMENTO RESORTS AND HOTELS LTD THROUGH COMPANY SECRETARY ISHWAR B. MUCHANDI – Appellant
Versus
DR. AMILCAR CUNHA SOUZA AND ANR – Respondent


Advocates:
['ABHIJIT A S DESAI', '', 'DEEPA CHARI', 'J GODINHO']

-1-

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.48/2009

M/s Fomento Resorts and

Hotels Ltd., a company

Ltd., a company registered

under

the

Indian

Companies Act, 1956

having registered office at

Vainguinim Beach Goa,

Represented

by

its

Company

Secretary,

Shri Ishwar B. Muchandi.

…......

Petitioner.

Versus

1

Dr. Amilcar Cunha

Souza, aged 58 years,

son of Salvador M.

Cunha Souza, residing

at House no. 783,

Gogol, Margao, Goa.

2

Shri Dilip Modu

Timblo, major in age,

son of Modu Timblo,

having office at 601,

Erasmo

Carvalho

Street, Margao, Goa.

….....

Respondents.

-2-

Mr. M. S. Usgaonkar, Senior Advocate with Ms. A. Razak

Advocate for the petitioner.

Mr. J. Godinho, Advocate for the respondent no.1.

CORAM :- N. A. BRITTO.

DATE :24th June, 2010.

ORDER

Heard.

2.

This Writ petition is filed by the petitioner which is a

company. Petition has been signed and verified by one Shri I. B.

Muchandi who claims to be its company secretary. The Writ

Petition is directed against the Order dated 30.9.2008 of the

learned Civil Judge, Senior Division, by which an application

filed by the writ petitioner, as def

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