Mitc Rolling Mills Pvt. Ltd. v. Lavasa Corporation Ltd.

1/2 903.CAL336.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.336 OF 2018 IN COMPANY PETITION NO.902 OF 2015 MITC Rolling Mills Private Limited )....Applicant/Petitioner V/s.

Lavasa Corporation Limited )....Respondent ---- Mr.Vinod Sharma for applicant/org.petitioner. Mr.Gaurav Joshi, Senior Advocate a/w Ms.Gargi Bhagwat and Mr.Apoorv Karekar i/by Divekar Bhagwat and Co. for respondent. ---- CORAM : K.R.SHRIRAM,J DATE : 29.6.2018 P.C.:- Mr.Sharma for the applicant states that the company had committed breach of the consent terms and undertakings recorded by this court in the order dated 11.9.2017. Mr.Sharma states that the company's advocate has handed over 3 cheques, 1st dated 29.6.2018, 2nd dated 5.7.2018 and 3rd dated 5.8.2018 for Rs.15,00,000/-, Rs.5,00,000/- and Rs.5,00,000/-, respectively, and these cheques have been issued by respondent's sister company HCC Real Estate Limited. Mr.Sharma states that his instructions are to accept these cheques without prejudice to the rights and contentions of petitioner. Mr.Joshi, senior counsel for the company states on KJ

2/2 903.CAL336.18 instructions that all the 3 cheques will be honoured on presentation. Pragnesh Lodaya-director of the respondent-company who is present in court personally undertaken for himself, for the company and for the directors, that all the 3 cheques will be honoured on presentation. In view thereof, application disposed with liberty to approach if need arise.

Petition stands disposed and will be restored without further reference to this court should the cheque(s) gets dishonoured. Notwithstanding disposal of the Application, applicant to remove all office objections and get the application numbered. (K.R.SHRIRAM,J) KJ