Sbi Capital Markets Ltd. v. Arshiya Rail Infrastructure Ltd. Cin No. U45200mh2008plc180907

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.439 OF 2015 SBI Capital Markets Limited ....Petitioner Vs.

Arshiya Rail Infrastructure Limited ....Respondent WITH COMPANY PETITION NO.1199 OF 2015 Binani Cement Limited ....Petitioner Vs.

Arshiya Rail Infrastructure Limited ....Respondent ---- Mr. Chetan Mhatre i/b. Utangale and Co. for petitioner in CP/439/2015. Ms. M.A. Shinde, authorised signatory of petitioner in CP/439/2015 present.

Mr. Vishnu Shriram i/b. Phoenix Legal for respondent in CP/439/2015. Mr. Vinod Parekh, authorised signatory of respondent in CP/439/2015 present.

Mr. Nilesh Modi a/w. Mr. Rachit Thakar i/b. M/s. Rustamji and Ginwala for petitioner in CP/1199/2015.

Mr. Ajinkya Patil i/b. Naik Patil Salvi and Associates for respondent in CP/1199/2015.

---- CORAM : K.R.SHRIRAM, J.

DATE : 13th FEBRUARY, 2018 P.C.:

COMPANY PETITION NO.439 OF 2015 Parties have amicably settled the matter and entered into consent terms dated 13th February, 2018. The consent terms signed by the authorised representative of petitioner, authorised representative of respondent and their respective advocates is taken on record and marked 'X' for identification. Both counsel state that the persons who have signed the consent terms on behalf of petitioner and respondent are present in Court and identify them.

2/7 The consent terms are reproduced hereunder :

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6/7 The counsel for petitioner states that there is no other petition against respondent company in which any order of admission is in force.

7/7 Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Mr. Parekh, representative of respondent company undertakes to the Court on his own behalf and on behalf of respondent company and the board of directors of respondent company that if the cheques have to be deposited by petitioner, each of the cheque will be honoured on presentation. This undertaking, in addition to the undertakings given in the consent terms, is accepted and so ordered. The petition is at pre-admission stage. Therefore, petition stands disposed.

COMPANY PETITION NO.1199 OF 2015 As last chance to file consent terms, stand over to 26th February, 2018 on which date if consent terms are not filed, parties will have to go on with the petition and no further adjournment will be granted. If petitioner does not go on with the petition on the next date, the petition will be dismissed for want of prosecution.

(K.R. SHRIRAM, J.)