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Bombay High CourtCA/368/2017withdrawn

Envirox Protection Company Pvt Ltd. v. Fairwood Project Management Consultancy Services Pvt. Ltd.

2018-01-22Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 55.CP-1252-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1252 OF 2015 WITH COMPANY APPLICATION NO.368 OF 2017 IN COMPANY PETITION NO.1252 OF 2015 M/s. Fairwood Project Management and Consultancy Services Private Limited ....Petitioner Vs.

M/s. Envirox Protection Co. Pvt. Ltd.

....Respondent ---- Mr. Ganesh Y. Mirashigaonkar for petitioner.

Ms. Leena R. Temkar for respondent.

Mr. V.V. Chandrashekhar, Legal Manager of respondent company present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 22nd JANUARY, 2018 P.C.:

COMPANY PETITION NO.1252 OF 2015 Ms. Temkar, counsel for respondent company, on instructions from Mr. V.V. Chandrashekhar, Legal Manager of respondent company states that respondent company has admitted that it is liable to pay a sum of Rs.48,84,381/- which is the principal amount. Ms. Temkar, on instructions further states that respondent company will pay ad-hoc interest on this outstanding amount at 12% p.a. subject to determination in arbitration. So far as the milestone amounts are concerned, Ms. Temkar raises a dispute and I too feel, without going into the details, that respondent is justified in raising the dispute. Ms. Temkar agrees that the disputes relating to milestone amounts and interest could be referred to arbitration. Both Gauri Gaekwad

2/2 55.CP-1252-2015.doc counsel state that the matter be placed on 29th January, 2018 for filing consent terms.

Stand over to 29th January, 2018 for filing consent terms. COMPANY APPLICATION NO.368 OF 2017 Ms. Temkar, counsel for applicant seeks leave to withdraw the application.

Therefore, company application stands dismissed as withdrawn.

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