Ultratech Cement Ltd. v. Girna Infraprojects Private Limited (Cin U45400mh2010ptc198478)

cp 810 of 2014 (948).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.810 OF 2014 Ultratech Cement Ltd.

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Petitioner versus Girna Infraprojects Pvt. Ltd.

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Respondent Mr. Sahil Mahajan, for Petitioner.

Mr. R.M.Haridas with Mr. P.B.Rahade, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 18th MARCH, 2015 P.C.

1.

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

(i) The Company undertakes to pay an amount of Rs.5,30,000/- to the Petitioner in full and final settlement of the Petitioner's claim against the Company.

(ii) The said amount of Rs.5,30,000/- shall be paid as follows : Rs.2,65,000/- on or before 31-03-2015 Rs.2,65,000/- on or before 30-04-2015 (iii) In the event of the above amount being paid, the parties shall have not any claim against each other.

(iv) In the event of the Company committing any default in payment ssp 1/2

cp 810 of 2014 (948).sxw of any of the above installments, the Company Petition shall without reference to this Court stand revived and stand allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

(a) The Company namely Girna Infraprojects Private Limited be wound up by and under the orders and directions of this Hon'ble Court and under the provisions of the Companies Act, 1956;

(b) this Hon'ble Court be pleased to appoint the Official Liquidator of this Hon'ble Court or some other fit and proper person as it deems fit as the Liquidator of the Company namely Girna Infraprojects Private Limited with all powers and authorities under the Companies Act, 1956; (v) No fresh advertisement is ordered since the Petitioner has advertised the admission of the Petition on 14th February, 2015 and no claims have been received.

(vi) The Company Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2