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Bombay High CourtCP/173/2014disposed off

M/S.Synovate India Pvt.Ltd. v. M/S.Associates Microtech Pvt.Ltd, Cin No.U72200mh20000ptc146151

2015-03-03Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 922-CP-173-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.173 OF 2014 M/s. Synovate India Private Limited ...

Petitioner

Versus

M/s. Associates Microtech Private Limited ...

Respondent Mr.Mishra i/b. V.M. Talreja for the Petitioner. Mr. Peerzade i/b. Mr. Munir Merchant for the Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 3 RD MARCH, 2015 P.C.

1.

The learned Advocates appearing for the Petitioner and the Respondent have tendered Consent Terms dated 3rd March, 2015. They submit that the Consent Terms be taken on record and the above Petition be disposed of in terms of the Consent Terms. The Consent Terms are taken on record and marked "X" for identification. The Consent Terms are signed by the Associate Director of the Petitioner and the Director of the Respondent. The Consent Terms are also signed by the Advocates for the parties. The undertakings recorded in the Consent Terms are accepted. 2.

The parties have further agreed that in the event of the Respondent Company committing default in payment as undertaken in the Consent Terms marked 'X', the Company Petition shall without reference to this Court revive, stand admitted, made returnable within six weeks from

Nitin 2 / 2 922-CP-173-2014 the date of default and advertised in two local newspapers i.e. Free Press Journal (in English) and Navshakti (in Marathi) and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court towards publication charges, within two weeks from the date of default, with intimation to the Company Registrar failing which the Petition shall stand dismissed for non prosecution. In the event of such default the Official Liquidator shall forthwith stand appointed as provisional Liquidator and shall immediately take charge of the records as well as the movable and immovable properties / assets of the Company. Notice under Rule 28 of the Companies (Court) Rules, 1959 shall also stand waived on behalf of the Company.

3.

The above Petition is accordingly disposed of in terms of Consent Terms marked 'X'.

(S.J. KATHAWALLA, J.)