LITHOFERRO Vs. RESOURCES INTERNATIONAL

JUDGEMENT

(1.) HEARD Mr. Usgaonkar, learned Counsel for the petitioners and Mr. Lotlikar, learned Senior Counsel for the respondents.

(2.) RULE. By consent, heard forthwith.

(3.) HAVING heard the learned Counsel for the petitioners and the respondents, I find that the ground on which the applications are dismissed is patently unsustainable in law. The applications were filed by the receiver, who was duly appointed by the Court and as such, was entitled to file the suit. No doubt, before the applications were decided, the receiver stood discharged. But this fact by itself would not render the applications not maintainable. The trial Court ought to have considered the applications for amendments on merits. On this sole ground, both the orders dated 22nd September, 2010 are quashed and set aside. The trial Court to decide all the three applications on their own merits after giving an opportunity of being heard to the parties, in accordance with law.