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Bombay High CourtCNPCP/8/2018withdrawn

M/S Shah Steel Impex Pvt Ltd Formerly Known As M/S Asarco Steel Pvt Limited v. Elesh Navinchandra Shah

2018-06-18Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 11.CAL-325-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.325 OF 2018 IN COMPANY PETITION NO.765 OF 2015 Champion Steels Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN :

Shah Steel Impex Private Limited ....Petitioner Vs.

Champion Steels Pvt. Ltd.

....Respondent ---- Ms. Meghana Rao i/b. Vertices Partners for applicant/original respondent. Mr. Elesh Shah, Director of applicant present. Mr. Kezer Abbas Kharawala for original petitioner. ---- CORAM : K.R.SHRIRAM, J.

DATE : 18th JUNE, 2018 P.C.:

Mr. Kharawala, counsel for petitioner states that due to oversight in his office, the amount of Rs.15,000/- for advertising the petition was not deposited with Prothonotary and Senior Master and therefore, by the self operating order dated 27th March 2018, the petition came to be dismissed. Mr. Kharawala further states that now respondent having come forward to pay the amount of Rs.61,26,926/- that they were to pay by 31st March 2018 as per the consent terms dated 4th December 2017, the petition be kindly restored to file and disposed in view of the payment made. Ms. Rao, counsel for applicant has no objection. Therefore, petition no.765 of 2015 is restored to file. Mr. Kharawala's statement of receiving a pay order for Rs.61,26,926/- in full Gauri Gaekwad

2/2 11.CAL-325-2018.doc and final settlement of petitioner's claim is noted. Since the petition has not been advertised, petition dismissed as withdrawn. Application accordingly stands disposed. Notwithstanding disposal of the application, applicant to remove all office objections and get the application numbered within two weeks.

CONTEMPT PETITION (L) NO.6 OF 2018 Not on board. By consent taken up for hearing In view of the above order, Mr. Kharawala states that this contempt petition, which petitioner has lodged and yet to be admitted, be permitted to be withdrawn.

Therefore, contempt petition allowed to be withdrawn and accordingly disposed.

(K.R. SHRIRAM, J.) Gauri Gaekwad