Mitcon Consultancy And Engineering Services Ltd. v. Maharashtra Shetkari Sugar Ltd. (Cin U15424mh2007plc172811)

Nitin 952-CP-315-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 315 OF 2014 MITCON Consultancy and Engineering Services Ltd. ...

Petitioner

Versus

Maharashtra Shetkari Sugar Limited ...

Respondent Mr. C.B. Nikte for the Petitioner.

Mr. S.C. Wakankar i/b. Mr. M.S. Lagu for the Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 29 TH JANUARY, 2015 P.C.

1.

Heard the learned Advocates appearing for the parties. 2.

The above Petition was admitted by an order of this Court dated 15th November, 2014 and the same was advertised on 1st December, 2014. No claims have been received from the Workers / Creditors of the Company. In the meantime, the parties have arrived at a settlement and the Company undertakes to pay an amount of Rs. 3,50,000/- to the Petitioner in full and final settlement of the Petitioner's claim on or before 15th February, 2015 and further undertakes to handover the TDS certificates to the Petitioner on or before 23rd February, 2015. The undertakings are accepted.

3.

In the event of the Company committing default in complying with the above undertakings, the above Company Petition shall without

Nitin 952-CP-315-2014 reference to this Court stand allowed in terms of prayer Clauses (a) and (b), which are reproduced hereunder :

"(a) That the Respondent Company, namely, Maharashtra Shetkari Sugar Ltd. (MSSL), be wound up by and under the orders of this Hon'ble Court under the provisions of Companies Act, 1956 ;

(b) That the Official Liquidator attached to this Hon'ble High Court be appointed liquidator of the Respondent Company, namely, Maharashtra Shetkari Sugar Ltd. (MSSL) under the provisions of the Companies Act with all the powers under the said Act".

4.

The above Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)