Universal Engineering And Fabricators v. General Composites Pvt. Ltd. (Cin U35303mh1995ptc085048)

cp 769 of 2014 (956).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.769 OF 2014 WITH COMPANY APPLICATION (L) NO.86 OF 2015 Universal Engineering and Fabricators ...

Petitioner versus General Composites Pvt. Ltd.

...

Respondent Mr. Satyam R. Dubey, for Petitioner.

Mr. Rajesh Datar with Mr. D. Pagare, for Respondent. Mr. Pushkar Gulhati, Director of Respondent, present. CORAM: S.J. KATHAWALLA, J.

DATE: 20th MARCH, 2015 P.C.

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Company through its Director undertakes to pay an amount of Rs.2,00,000/- in full and final settlement of the claim of the Petitioner on or before 09-04-2015. The undertaking is accepted. (ii) Upon payment of the said amount of Rs.2,00,000/-, the parties shall have no claim against each other.

(iii) In the event of the Company committing default in payment of the said amount as undertaken above, the Company Petition shall without reference to this Court stand revived and allowed in terms of prayer clauses ssp 1/2

cp 769 of 2014 (956).sxw (a) and (b), which are reproduced hereunder : (a) that the Respondent Company be ordered and declared to be wound up by and under the orders and directions of the Hon'ble Court;

(b) that the Official Liquidator of this Hon'ble Court or some other fit and proper person be appointed as Liquidator of the Respondent Company with all powers under the Companies Act, 1956;

2.

Since the admission of the Company Petition was advertised in two local newspapers on 22-01-2015 and no claims have been received, the publication of advertisement seeking withdrawal of the Company Petition is dispensed with.

3.

The Company Petition as well as Company Application are accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2