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Bombay High CourtCP/738/2015disposed off

Sahara India Commercial Corporation Ltd. v. M/S. Jls Reality Pvt. Ltd. Cin No. U45400mh2008ptc179591

2018-03-05Hon'Ble Shri Justice K.R. Shriram2 pages

25.cp.738.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 738 OF 2015 Sahara India Commercial Corporation Ltd.

.. Petitioner Vs.

M/s. JLS Realty Pvt. Ltd.

.. Respondent Mr.Piyush Raheja a/w. Mr. Parag Shah i/b Mahesh Shah and Co. for petitioner.

Mr. Arif Bookwalla, senior advocate a/w. Mr. Shehzad ak Najam-es-Sani i/b Maneksha and Sethna for respondent.

Mr. Mahendhar Aithe, company prosecutor for official liquidator present. CORAM : K.R.SHRIRAM, J.

DATE : 5TH MARCH 2018 P.C.

Mr. Raheja appearing for petitioner states that pursuant to an order dated 16th February 2018 read with clause 19 of the consent terms, petitioner has advertised the proposed withdrawal of the petition in Navshakti and Free Press Journal on 17th February 2018. Mr. Raheja undertakes to file an affidavit to that effect within one week from today. The undertaking accepted. Mr.Raheja further states that no claims have been received. Mr.Aithe states that even the office of the official liquidator has not received any claim or objection.

In view of above, petition stands disposed with the liberty as mentioned in the consent terms. Provisional liquidator also stands Shraddha Talekar PS 1/2

25.cp.738.2015.doc discharged.

Mr. Aithe states that some costs be awarded to the company because substantial time and effort has been put in by the office of the official liquidator.

Mr.Bookwala appearing for the company states that petitioner has been given a sum of Rs.1 lakh towards advertisement charges. The balance amount be paid over to the official liquidator. The costs of the official liquidator is fixed at Rs.50,000/-. Petitioner to pay a sum of Rs.50,000/- to the official liquidator out of the amount remaining to the credit of the company with petitioner. If the amount available is less than Rs.50,000/-, the company to make payment of the shortfall to the official liquidator. Upon this payment being made, the official liquidator will stand discharged.

All concerned to act on authenticated copy of this order. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2