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Bombay High CourtCP/77/2015consent term

Hemraj Devekarandas Metals And Minerals Private Limited v. M/S Shree Oshiya Strips Impex Private Limitted Cin U27205mh2010ptc202214

2016-08-08Hon'Ble Shri Justice B.P. Colabawalla2 pages

14.cp.77.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 77 OF 2015 Hemraj Devekarandas Metals & Minerals Pvt. Ltd.

...Petitioner

vs M/s Shree Oshiya Strips Impex Pvt. Ltd.

...Respondent

.....

Mr Anil Agarwal for the Petitioner Mr Vinit Agarwal, Director of the Petitioner present Mr Vaibhav Shah for the Respondent Mr Milan Ranka, Vijendra Ranka, the Directors of the Respondent Co. are present.

.....

CORAM : B. P. COLABAWALLA J.

AUGUST 08, 2016 P.C. :

When this matter was called out, the parties have tendered the consent terms dated 8 August, 2016. These consent terms provide that the Respondent Company agrees and undertakes to make payment of Rs.25 Lacs to the Petitioner in the installments, as set out in paragraph 2 thereof. Paragraph 5 of the consent terms further provide that if there is any default, this Company Petition shall stand admitted and advertised, and the Official Liquidator shall stand appointed as a Provisional Liquidator of the Respondent Company. These consent terms have been signed by the Directors of the Petitioner and the Respondent Company as well as their Pg 1 of 2

14.cp.77.2015.doc respective advocates.

The said consent terms are taken on record and marked "X" for identification. The statements and undertakings contained therein are accepted. The Company Petition is disposed of in terms of the consent terms with liberty to the Petitioner to apply in the event there is any default committed as contemplated in the consent terms. No order as to costs.

( B. P. COLABAWALLA J. ) Pg 2 of 2