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Bombay High CourtCP/856/2014disposed off

M/S. Kensico Digital Marketing Pvt. Ltd. v. Urja Communications Pvt Limited (Cin U74300mh1995ptc088662)

2016-02-09Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.856 OF 2014

IN THE MATTER OF :

M/s.Kenscio Digital Marketing Pvt. Ltd.

....Petitioner V/s.

M/s.Urja Communications Pvt. Ltd.

....Respondent/Company ---- Mr.Kunal Dwarkadas i/by Mr.Ajay Kumar for the petitioner. Mr.Kishor Shreyan for the respondent-company. ---- CORAM : K.R.SHRIRAM,J DATE : 9.2.2016 P.C.:- The petition was heard for some time. After the counsel for the petitioner and counsel for the respondent-company made their submissions, on the suggestion of the court, the counsels agreed to discuss if the matter could be resolved amicably. The matter was therefore, kept back.

The counsels state that the parties have agreed to amicably resolve the inter se dispute and have requested a consent order as under :- CONSENT ORDER (a) Within 30 days from today, the respondent-company has the option to pay sum of Rs.15,43,825/- in full and

final settlement of all the claims that the petitioner has which is the subject matter of this petition ; (b) In the alternative, the respondent-company shall pay a sum of Rs.15,92,196/- in six equal installments of Rs.2,65,366/- each, the first of which will be payable on 9.3.2016 ;

(c) The sixth installment will be on 9.8.2016 ; (d) This amount includes interest component @ 12% p.a. from today.

If the respondent-company commits any one default, the petition will stand automatically reviewed/admitted and advertised. The returnable date will be two months from the date of default without further reference to the court.

In case there is a default and the petition gets admitted, the counsel for the respondent-company takes notice under Rule 28 of the Company Court (Rules 1959). The rejoinder filed by the petitioner is also taken on record.

The petition accordingly stands disposed.

(K.R.SHRIRAM,J)

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.