Ibex Integrated Business Express Pvt Ltd v. Friends Paper Stores

1/2 1.ca.380.2018.cp.936.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 380 OF 2018 IN COMPANY PETITION NO. 936 OF 2014 Mr.Anjan Doshi, the Ex-Director of IBEX Integrated Business Express Pvt. Ltd.

...Applicant In the matter between :

M/s. Friends Paper Express ....Petitioner Vs.

IBEX Integrated Business Express Pvt. Ltd.

....Respondent ---- Ms.Krithika Anand I/b M/s. Dhruve Liladhar and Co. for petitioner. Mr.Asadullah Shaikh I/b K K Associates for applicant/respondent. Mr.Prakash A. Dharia, Partner of petitioner present. Mr.Anjan Doshi, Director of respondent company present. Mr.Mahendhar Aithe, company prosecutor for official liquidator present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 4TH SEPTEMBER, 2018 P.C.:

The Ex-Director of the Respondent Company has preferred this Company Application seeking recall of the Winding up Order dated 14th December 2017 passed by this Hon'ble Court.

On 13th August 2018, Counsel for the Applicant informed the court that a settlement has been arrived at with the Orig. Petitioner and if this court allows the present Company Application and recalls the Winding up Order dated 14th December 2017, then in that event, the Respondent Company will be able to enter into Consent Terms with the Orig.Petitioner. Shraddha Talekar, PS

2/2 1.ca.380.2018.cp.936.2014.doc The Advocate for the Orig. Petitioner confirmed the same, consented to allowing the aforesaid Company Application and recalling the Winding up Order dated 14th December 2017.

In compliance with the order dated 13th August 2018, the Orig. Petitioner has given public notices in the Free Press Journal (on 20th August 2018) and Navshakti (on 20th August 2018) for the proposed settlement and consequential withdrawal of the Company Petition and invited objections thereto, if any. No objections have been received pursuant to these public notices. Ms. Anand tenders an affidavit of one Ravindra Kadam affirmed on 3rd September 2018. The same is taken on record. Shri Aithe, company prosecutor states that the official liquidator has not received any claim or objection from any party in response to the notice. In view of the above, by the consent of parties, the company application is allowed. The Winding up Order dated 14th December 2017 is recalled. The Official Liquidator is discharged. Company Application No. 380 of 2018 stands disposed of in these terms.

(K.R. SHRIRAM, J.) Digitally signed by Shraddha Kamlesh Talekar Date:

2018.09.06 12:27:57 +0530 Shraddha Kamlesh Talekar Shraddha Talekar, PS