LAWS(BOM)-2014-3-4

ICICI BANK LIMITED Vs. GOL OFFSHORE LIMITED

Decided On March 05, 2014
ICICI BANK LIMITED Appellant
V/S
Gol Offshore Limited Respondents

JUDGEMENT

(1.) The applicant, ICICI Bank Limited ("ICICI Bank"), is not a party to the Company Petition. The Company Petition was brought by the Bank of New York Mellon, London Branch, formerly known as the Bank of New York, London Branch ("BNYM") against GOL Offshore Limited ("GOL Offshore") for winding up. BNYM filed the petition as a trustee for some holders of unsecured foreign currency convertible bonds issued in 2007 by GOL Offshore.

(2.) In the Company Petition, BNYM filed Company Application (L) No.549 of 2013. That application sought reliefs inter alia in relation to 352 sq ft jack-up rig known as Rig V-351 or Rig Somnath.

(3.) BNYM's Company Application was taken up by this court. Three orders were passed on 28th October 2013, 29th November 2013 and 11th December 2013. ICICI Bank's present application seeks leave to be impleaded as a respondent to the Company Application; alternatively, leave to intervene; a modification of the order dated 11th December 2013 in BNYM's Company Application; and further reliefs in relation to Rig V-351.