Ifcil Industries Ltd. v. M/S Rashi Enterprises, Prop Amit S Jain

1/2 901.CP-537-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.537 OF 2014 WITH CIVIL APPLICATION NO.204 OF 2017 IN COMPANY PETITION NO.537 OF 2014 M/s. Rashi Enterprises through its Proprietor Amit S. Jain ....Petitioner Vs.

AFCIL Industries Limited ....Respondent ---- Mr. Raunak Shah a/w. Mr. Dhaval A. Patil i/b. M/s. K. Ashar and Co. for petitioner.

Mr. Amit Jain, proprietor of petitioner present. Mr. Shriram S. Kulkarni for respondent.

Ms. Kavita Manik Desarda, director of respondent present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 5th OCTOBER, 2017 P.C.:

The counsel for petitioner and respondent state that parties have entered into consent terms. The consent terms dated 10th July, 2017 signed by petitioner, respondent and their respective Advocates is taken on record and marked 'X' for identification.

Mr. Kulkarni, counsel for respondent states that Mr. Manik Desarda, Director of respondent has undergone a surgery and therefore, is not present in Court.

Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Gauri Gaekwad

2/2 901.CP-537-2014.doc Petition accordingly stands disposed in terms of the consent terms. Company application no.204 of 2017 also accordingly stands disposed.

Registry to pay the amount of Rs.12 lakhs plus accumulated interest to petitioner.

COMPANY APPLICATION NO.309 OF 2016 In the order dated 4th October, 2017, in paragraph 4, after the word "application" add "since respondent has paid over the debt of applicant by way of demand draft in the sum of Rs.8 lakhs in full and final settlement".

Rest of the order remains unaltered. Original order to be corrected accordingly.

(K.R. SHRIRAM, J.) Gauri Gaekwad