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Bombay High CourtCP/11/2016disposed off

Ghodawat Industries (I) Pvt Ltd v. Bombay Chemicals Pvt Ltd Cin U24100mh1942ptc003512

2017-12-19Hon'Ble Shri Justice K.R. Shriram2 pages

906.cp.11.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 11 OF 2016 Ghodawat Industries (I) Pvt. Ltd.

.. Petitioner Vs.

Bombay Chemicals Pvt. Ltd.

.. Respondent Mr. Prathamesh B. Bhargude i/b Sugandh Deshmukh for Petitioner. Mr. Mayur Khandeparkar a/w Ms. Sapana Rachure i/b T. N. Tripathi and Co. for Respondent.

CORAM : K.R.SHRIRAM, J.

DATE : 19TH DECEMBER 2017 P.C.

After the petition was heard for some time, counsel for respondent stated that respondent is ready and willing to pay an amount of Rs. 77,33,764.81 in full and final settlement of all claims of petitioner. Mr. Khandeparkar for respondent stated that this amount will be paid by way Pay Order or RTGs transfer within four weeks from today. Mr.Bhargude appearing for petitioner states that petitioner is ready and willing to accept the sum of Rs. 77,33,764.81 in full and final settlement provided respondent-company makes the payment within one week from today.

Shraddha Talekar PS 1/2

906.cp.11.2016.doc The counsels for petitioner and respondent then left it to the Court to fix the period for making this payment.

Since respondent had agreed to make this payment way-back in 2015 and had also kept a cheque ready to be handed over which cheque has now lapsed and also stated that if this amount is acceptable then, respondent will waive any claim that respondent may have contemplated to make against company, in my view, a period of two weeks will be reasonable to make this payment. Therefore, respondent is directed to pay the amount of Rs. 77,33,764.81 on or before 3rd January 2018.

Petition accordingly disposed with liberty to apply. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2