JUDGMENT
M.K. Sharma, J.
(1) This order shall dispose of the application filed by M/s. Zenith Computers Limited praying for grant of leave to the applicant to continue with its suit being Suit No. 1424/1993 instituted against the Company in liquidation pending before the Bombay High Court.
(2) In the present case, it appears that a recovery suit being Suit No. 1203/1995 is pending in the Bombay High Court against the respondent Company which was instituted by M/s. Zenith Computers Limited and the applicant seeks leave to continue the said suit before the Bombay High Court where the same is at present pending, whereas the Official Liquidator desires and seeks for transfer of the said proceedings to this Court for further trial and disposal.
(3) The question to be decided by me is whether the suit pending in the Bombay High Court is required to be transferred to this Court or leave should be granted to continue the suit in the Bombay High Court. I have considered the facts and circumstances of the present case and also the difficulties that may have to be faced by the applicant, if the suit is transferred to this Court and also the relevant difficulties to be faced by the Official Liquidator if the said suit is not transferred to this Court. Certain legal issues have also been raised by the Counsel appearing for the applicant as also by the Official Liquidator.
(4) The said legal issues have already been decided in my order passed in C.A. 2161/93andC.A.407/97inC.P.169/92and therefore they need nor reiteration here.
(5) On consideration of the entire facts and circumstances of the case, I find that the documents connected with the suit are lying in the custody of the Official Liquidator in Delhi and the witnesses to be examined by the Official Liquidator are also stationed in Delhi. Besides the ex-Directors of the respondent Company are also residents of Delhi who are yet to complete the process of filing complete statements of affairs of the Company and the matter is being pursued by the Official Liquidator in Delhi and, therefore, it would not be possible’ for the Official Liquida. to effectively contest the suit in the Bombay High Court:
(6) Accordingly, I order that the Suit No. 1203/1995 pending in the Bombay High Court shall be transferred immediately to the original side of this Court which is vested with the powers of Company Judge, to be tried and decided by the said Court, subject to the condition that any decree passed in the said suit shall not be executed without leave and permission of the Company Court.
(7) With the aforesaid order, the application registered as C.A. 194/96 stands disposed of.