Capri Global Capital Ltd v. Sejal Glass Limited

1/2 24.CA-265-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.265 OF 2018 IN COMPANY PETITION NO.308 OF 2012 Capri Global Capital Limited ....Applicant

IN THE MATTER BETWEEN :

Shuabhi Investments Pvt. Ltd.

....Petitioner Vs.

Sezal Glass Limited ....Respondent WITH COMPANY APPLICATION NO.264 OF 2018 IN COMPANY PETITION NO.231 OF 2014 ---- Mr. Niraj Shah I/b. Law Chamber of Siddharth Murarka for applicant in both applications.

Ms. Sowmya Srikrishna a/w. Ms. Henna Daulat, Ms. Komal Khushwani and Mr. Raunak Samdani I/b. Crawford Bayley and Co. for respondent. Ms. K. Gandhi I/b. M/s. Manilal Kher Ambalal and Co. for M/s. Edelweiss ARC - secured creditor.

Mr. Haresh Agarwal, Company Secretary of applicant present. Mr. Amrut Shivji Gada, Managing Director of respondent company present. Mr. Mahendhar Aithe, Company Prosecutor for Official Liquidator present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 10th JULY 2018 P.C.:

COMPANY APPLICATION NO.265 OF 2018 Parties have entered into consent terms dated 10th July 2018. The consent terms signed by the Company Secretary and authorised signatory of applicant, Managing Director of respondent company and their respective advocates is taken on record and marked "X" for identification. Both counsel state that the signatories to the consent terms are present in Court and identify them.

Gauri Gaekwad

2/2 24.CA-265-2018.doc Order in terms of the consent terms. All undertaking given in the consent terms are accepted and so ordered. Application accordingly stands disposed.

COMPANY APPLICATION NO.264 OF 2018 Mr. Shah, counsel for applicant seeks leave to withdraw the application.

Application dismissed as withdrawn.

COMPANY PETITION NO.308 OF 2012 In view of the above and in view of the order dated 3rd July 2018, the order dated 6th November 2017, therefore, does not survive and is hereby recalled.

Since on 3rd July 2018 the counsel for petitioner had sought leave to withdraw the petition, this petition stands dismissed as withdrawn. The company to pay a sum of Rs.50,000/- to Official Liquidator as costs and this amount to be paid within two weeks from today. Official Liquidator shall stand discharged upon payment of costs. (K.R. SHRIRAM, J.) Gauri Gaekwad