Ajmera Realty And Infra India Limited v. Shrushtiraj Enterprises (India) Limited - U45201mh2006plc163174

sat 1/1 cp 321-2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 321 OF 2012 WITH COMPANY APPLICATION NO. 361 OF 2015 WITH SUMMARY SUIT NO. 341 OF 2013 Ajmera Realty & Infra India Ltd.

...Petitioner

vs.

Shrushtiraj Enterprises (India) Ltd.

....Respondent Mr.Nivit Srivastava, Mr.Nakul Jain i/b. Maniar Srivastava Associates for Petitioner.

Mr.Zubin Behramkamdin with Ravi Kotian i/b. Arun Panicker for Respondent. CORAM : S.C. GUPTE, J.

29 OCTOBER 2015 P.C. :

In accordance with the statement made before the appeal court in Appeal No.583 of 2014 and recorded in its order dated 18 March 2015, learned Counsel for the Respondent agrees to accept Rs.1 crore deposited with the Official Liquidator in full and final settlement of its claim against the company. The Official Liquidator is, accordingly, directed to disburse the sum of Rs.1 crore with accrued interest, if any, to the Petitioner. The payment of this amount is in full and final settlement of the Petitioner's claim against the company. Accordingly, the petition shall stand dismissed with no order as to costs. Having regard to the disposal of the petition, the company application does not survive and the same is also dismissed. Having regard to the settlement of dues, the Petitioner states that the accompanying summary suit filed by it shall stand withdrawn. The suit is dismissed, accordingly, as withdrawn. No order as to costs.

(S.C. Gupte, J.)