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Bombay High CourtCP/192/2012disposed off

M/S. Healthcaps India Limited v. M/S. Welbert Pharmaceuticals (Bombay) Pvt.Ltd. - U33110mh1985ptc038128

2016-01-04Hon'Ble Shri Justice K.R. Shriram2 pages

23.cp.192.2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 192 OF 2012 M/s. Healthcaps India Limited .. Petitioner Vs.

M/s. Welbert Pharmaceuticals (Bombay) Pvt. Ltd.

.. Respondent Ms.S.V.Sonawane for petitioner.

Mr.Rohaan Cama i/b P.V. Dhopatkar for respondent. Mr.Sanjay Shinde, representative of the petitioner present. CORAM : K.R.SHRIRAM, J.

DATE : 4TH JANUARY, 2016 P.C.

The counsel appearing for the petitioner and the respondent request that a consent order be passed in the petition. Therefore, by consent following order is passed :

(i) The respondent agrees to pay a sum of Rs.29,08,224/- being the principal amount as under :

(i) Rs.10,00,000/- On or before 8.02.2016 (ii) Rs. 10,00,000/- On or before 8.03.2016 (iii) Rs. 9,08,224/- On or before 8.04.2016 (ii) This amount will be paid by pay order of a Bank based in Mumbai drawn in favour of the petitioner and the Shraddha Talekar PA 1/2

23.cp.192.2012.doc same will be handed over to the Advocate on record for the petitioner.

(iii) Upon the three installments being paid, both the parties will not have any claim against each other. If the respondent makes any default (with a grace period of three days), the petition will automatically stand revived without further notice and will deemed to be admitted and advertised in two local newspapers, i.e., Free Press Journal in English and Navshakti in Marathi with the returnable date of six weeks from the date of default.

The counsel for the petitioner, on instructions, states that the petitioner will inform the Judicial Magistrate, First Class, Balachaur, Punjab about this order and upon the installments being honourned, they will not press for the Case No.64 of 2012 pending before it. The petition accordingly stands disposed.

(K.R. SHRIRAM, J.) Shraddha Talekar PA 2/2