M/S. Ddb Mudra Pvt. Ltd. v. M/S. Arshiya Ltd. Cin No. L27320mh1981plc024747

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.370 OF 2015 IDBI Capital Market Services Limited ....Petitioner Vs.

Arshiya Limited ....Respondent WITH COMPANY PETITION NO.519 OF 2015 WITH COMPANY PETITION NO.844 OF 2015 WITH COMPANY PETITION (L) NO.265 OF 2016 ---- Mr. Rahul Karnik for petitioner in CP/370/2015. Mr. Bhagyesh Joshi, Senior Manager/authorised signatory of petitioner CP/370/2015 present.

Mr. Vishnu Shriram i/b. Phoenix Legal for respondent CP/370/2015. Mr. Vinod Parekh, authorised signatory of respondent CP/370/2015 present.

Mr. Chetan Mhatre i/b. Utangale and Co. for petitioner in CP/519/2015. Ms. M.A. Shinde, authorised signatory of petitioner in CP/519/2015 present.

Mr. Vishnu Shriram i/b. Phoenix Legal for respondent in CP/519/2015. Mr. Vinod Parekh, authorised signatory of respondent in CP/519/2015 present.

Ms. Isha H. Khandhadia i/b. Juris Link for petitioner in CP/844/2015. Ms. Isha Warhade, authorised signatory of petitioner in CP/844/2015 present.

Mr. Ajinkya Patil i/b. Naik Patil Salvi and Associates for respondent in CP/844/2015.

Mr. Vinod Parekh, authorised signatory of respondent in CP/844/2015 present.

Mr. Gaunesh Khandalekar i/b. Mr. Makarand Rege for petitioner in CPL/265/2016.

Mr. Ajinkya Patil i/b. Naik Patil Salvi and Associates for respondent in CPL/265/2016.

---- CORAM : K.R.SHRIRAM, J.

DATE : 13th FEBRUARY, 2018 P.C.:

COMPANY PETITION NO.370 OF 2015 Parties have amicably settled the matter and entered into

2/22 consent terms dated 30th January, 2018. The consent terms signed by the authorised representative of petitioner, authorised representative of respondent and their respective advocates is taken on record and marked 'X' for identification. Both counsel state that the persons who have signed the consent terms on behalf of petitioner and respondent are present in Court and identify them.

The consent terms are reproduced hereunder :

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9/22 The counsel for petitioner states that there is no other petition against respondent company in which any order of admission is in force.

10/22 Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Mr. Parekh, representative of respondent company undertakes to the Court on his own behalf and on behalf of respondent company and the board of directors of respondent company that if the cheques have to be deposited by petitioner, each of the cheque will be honoured on presentation. This undertaking, in addition to the undertakings given in the consent terms, is accepted and so ordered. The petition is at pre-admission stage. Therefore, petition stands disposed.

COMPANY PETITION NO.519 OF 2015 Parties have amicably settled the matter and entered into consent terms dated 13th February, 2018. The consent terms signed by the authorised representative of petitioner, authorised representative of respondent and their respective advocates is taken on record and marked 'X' for identification. Both counsel state that the persons who have signed the consent terms on behalf of petitioner and respondent are present in Court and identify them.

11/22 The consent terms are reproduced hereunder :

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16/22 The counsel for petitioner states that there is no other petition against respondent company in which any order of admission is in force.

17/22 Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Mr. Parekh, representative of respondent company undertakes to the Court on his own behalf and on behalf of respondent company and the board of directors of respondent company that if the cheques have to be deposited by petitioner, each of the cheque will be honoured on presentation. This undertaking, in addition to the undertakings given in the consent terms, is accepted and so ordered. The petition is at pre-admission stage. Therefore, petition stands disposed.

COMPANY PETITION NO.844 OF 2015 Parties have amicably settled the matter and entered into consent terms dated 12th February, 2018. The consent terms signed by the authorised representative of petitioner, authorised representative of respondent and their respective advocates is taken on record and marked 'X' for identification. Both counsel state that the persons who have signed the consent terms on behalf of petitioner and respondent are present in Court and identify them.

18/22 The consent terms are reproduced hereunder :

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21/22 The counsel for petitioner states that there is no other petition against respondent company in which any order of admission is in force.

22/22 Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Mr. Parekh, representative of respondent company undertakes to the Court on his own behalf and on behalf of respondent company and the board of directors of respondent company that if the cheques have to be deposited by petitioner, each of the cheque will be honoured on presentation. This undertaking, in addition to the undertakings given in the consent terms, is accepted and so ordered. The petition is at pre-admission stage. Therefore, petition stands disposed.

COMPANY PETITION (L) NO.265 OF 2016 Stand over to 26th February, 2018 for admission/for filing consent terms.

Before 23rd February, 2018, petitioner to remove all office objections and get the petition numbered, failing which the petition will stand dismissed without further reference to this Court. (K.R. SHRIRAM, J.)