Prabhat Jhunjhunwala, Director - M/S. Kizer Finvest Private Limited v. M/S. Unicom Skytech Pvt. Ltd. And ANR.

1/2 26.COAPP-58-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO.58 OF 2014 IN CLB COMPANY PETITION NO.5 OF 2010 Unicorn Skytech Limited ....Appellant Vs.

Kaizer Finvest Private Limited & Ors.

....Respondents WITH COMPANY APPEAL NO.59 OF 2015 IN CLB COMPANY PETITION NO.5 OF 2010 Prabhat Jhunjhunwala, Director of M/s. Kizer Finvest Pvt. Ltd.

....Appellant Vs.

M/s. Unicorn Skytech Limited & Anr.

....Respondents ---- Mr. Dharam Jumani a/w. Mr. Hussain Dholkawala i/b. Mr. Suraj Iyer for appellant in COAPP/58/2014 and for respondent no.1 in COAPP/59/2015. Mr. Farhan Dubash i/b. Mr. Ajay Basutkar for respondent nos.1 to 3 in COAPP/58/2014 and for appellant in COAPP/59/2015. ---- CORAM : K.R.SHRIRAM, J.

DATE : 31st JANUARY, 2018 P.C.:

By consent, the impugned order delivered on 26th May, 2014 is set aside and the company petition no.5 of 2010 is remanded back for denovo hearing to the National Company Law Tribunal. The appeals and interim applications accordingly stand disposed.

Mr. Jumani and Mr. Dubash state that since the disputes are between two brothers/family members, they are ready and willing to go for Gauri Gaekwad

2/2 26.COAPP-58-2014.doc mediation.

By consent, Mr. Venkatesh Dhond, senior advocate practicing in this Court, is appointed as Mediator to mediate on all disputes not just restricted to the subject matter of the appeals which were disposed today. The fees and administrative expenses of the Mediator to be shared equally between Mr. Prabhat Jhunjhunwala and Mr. Omprakash Jhunjhunwala. The mediation report to be filed by the Mediator in the revived company petition no.5 of 2010.

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