Supreme Infrastructure India Ltd v. Timken Services Private Limited

1 901) app554-16.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.554 OF 2016 IN COMPANY PEITION NO.780 OF 2014 Supreme Infrascture India Pvt. Ltd.

..Appellant.

V/s.

Timken Services Pvt. Ltd.

..Respondent.

Mr.Chetan Kapadia with Ms.Kanchanlata Gupta for the Appellant. Mr.Hemang R. i/b. RMG Law Associate for the Respondent. CORAM: R.M. SAVANT AND SARANG V. KOTWAL, JJ.

DATE : NOVEMBER 14, 2017 P.C.:- Learned counsel for the Appellant states that during the pendency of the appeal, the name of Respondent has changed from M/s. Timken Services Pvt. Ltd. to TSL Electronicpower Pvt. Ltd. The cause title to be amended accordingly. Amendment to be carried out forthwith.

2.

The above Appeal has been restored by an order passed today i.e. November 14, 2017 in Notice of Motion (L) No.2291 of 2017.

2 901) app554-16.doc The above appeal takes exception to the order dated December 22, 2015 passed by a learned Single Judge of this Court (K.R.Shriram, J.) in so far as Company Petition No.780 of 2014 is concerned. 3.

Learned counsel for the parties have tendered Consent Terms bearing the date November 6, 2017 arrived at between Supreme Infrastructure India Ltd. and TSL Electropower Pvt. Ltd. The Consent Terms evidence the settlement arrived at between the parties. The Consent Terms have been signed on behalf of the Appellant by the authorised representative Mr.Siddharth Jain and on behalf of the Respondents by Mr.Girish Mohan, Director. The Consent Terms have also been signed by learned advocate for the Appellant Ms.Kanchanlata Gupta and the advocates for the Respondents i.e. for M/s. RMG Law Associates by its partner Mr.Hemang S.Raythattha. The signatures of the Appellant and Respondent on the Consent Terms have been identified by Ms.Karsanlata Gupta and Mr.Hemang S.Raythattha, who have endorsed accordingly below the said signatures. The Consent Terms are paginated from 1 to 7 with the resolution of the Appellant authorising Mr.Siddarth Jain as annexure-I. The Consent Terms are taken on record and marked 'X' for identification. The Appeal is disposed of in terms of the consent terms.

(SARANG V. KOTWAL, J.) (R.M.SAVANT, J.)