M/S BASIN METALS PVT LTD vs THE NATIONAL SMALL INDUSTRIES CORPORATION LTD

Judgment text excerpt

12-APP.287.08-2.DOCX PPN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed PRACHI by PRACHI APPEAL NO. 287 OF 2008 PRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2025.07.09 IN 16:31:32 +0530 COMPANY PETITION NO.921 OF 2001 ALONG WITH IN PERSON APPLICATION (L) NO.17934 OF 2023 M/s. Bassein Metals Pvt. Ltd. Having its registered office at B-61, Dattani Apartment No.4, Parikh Nagar, S. V. Road, Kandivli (W), Mumbai 400 067 and presently C/602, Avon Plaza -I, Thakur Complex, Kandivli (East), Mumbai – 400 001. … Appellant (Original Respondent) Versus The National Small Industries Corpn. Ltd. A Government of India Enterprises having its Head Office at NSIC Bhavan, Okhla Industrial Estate, New Delhi 110 020 and having its Regional Office at Prestige Chambers,Kalyan Street, Masjid Road (East), Mumbai 400 009. … Respondent (Original Petitioner) ______________________________________________________ Mr. Shadab Jan a/w Ms. Niharika Jalan i/by Mr. Ruturaj V. Bankar for the Appellant. None for the Respondent. Page 1 of 16 12-APP.287.08-2.DOCX _____________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ. RESERVED ON : 4 July 2025 PRONOUNCED ON : 9 July 2025 JUDGMENT (Per JITENDRA JAIN, J.) :- 1. This appeal, filed by the appellant (original respondent), challenges the order dated 11 October 2007 passed by the learned Single Judge of this Court in Company Petition No.921 of 2001 whereby the appellant (original respondent) was ordered to be wound up since the appellant (original respondent) was unable to pay the debt due to the respondent (original petitioner). Brief facts :- 2. In November 1992, the appellant (original respondent) entered into an agreement with the respondent (original petitioner) for avail