SARA CHEMICALS AND CONSULTANTS vs OGENE SYSTEMS (I) PVT. LTD.

Judgment text excerpt

29-IA-3204-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3204 OF 2024 IN COMMERCIAL EXECUTION APPLICATION NO. 89 OF 2023 AND COMMERCIAL EXECUTION APPLICATION NO. 89 OF 2023 SARA CHEMICALS AND CONSULTANTS ) A PROPRIETARY CONCERN OF SUNIL M. ARORA)...APPLICANT V/s. RAYAPROLU PRABHAKAR SREENIVAS )...RESPONDENT Mr.Amir Arsiwalla a/w. Ms.Riya Pichaya i/by Indian Law LLP, Advocate for the Applicant. Mr.Karl Tamboly a/w. Mr.Ranjeev Carvalho, Mr.Zehan Setalwad, Deepal Thakkar, Advocate for the proposed Respondents no.1 to 3. Ms.Nishtha Mohanty a/w. Mr.Anuj Jhaveri, Ms.Aakanksha Nehra and Mr.Mihir Modi, Advocate for the Respondent no.4. CORAM : ABHAY AHUJA, J. DATE : 22nd DECEMBER 2025 ORAL ORDER :- 1. This Interim Application inter alia seeks impleadment of the proposed Respondents no.1 to 4 as party Respondents to the Execution Application and to all the pending applications, in addition to other ARTI VILAS KHATATE prayers. Digitally signed by ARTI VILAS KHATATE avk 1/24 Date: 2025.12.29 22:08:48 +0530 29-IA-3204-2024.doc 2. Mr. Karl Tamboly, learned Counsel appearing for the Respondents no.1 to 3 and Ms. Nishtha Mohanty, learned Counsel for the Respondent no.4, at the outset, submit that this application as well as the Commercial Execution Application is not maintainable as the Award Debtor viz. Ogene Systems (I) Pvt Ltd. has been dissolved by the order dated 13th April 2023 of the National Company Law Tribunal (“NCLT”) and also that this Court has no jurisdiction to entertain this application as well as the Execution Application, in as much as, there are allegations of fraud and misrepresentation involved in the way in which the order dated 13th April 2023 of the NCLT was obtained and the Award Debtor company