M/S. Decorage And Associates v. M/S. Shapoorji And Pallonji And Co. Ltd. Cin No. U45200mh1943plc003812

cp 713 of 2014 (935).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.713 OF 2014 M/s. Decorage and Associates ...

Petitioner V/s.

M/s. Shapoorji and Pallonji and Co. Ltd.

...

Respondent Mr. Mayur Khandeparkar with Ms. Ritu Pathak i/by Mr. Hiten Mehta, for Petitioner.

Mr. Shrihari G. Aney, Senior Advocate i/by Mr. Anish Khandekar, for Respondent.

Mr. Jai Mavani, Whole Time Director of Respondent, present. CORAM: S.J. KATHAWALLA, J.

DATE: 13th JANUARY, 2015 P.C.

The learned Senior Advocate appearing for the Respondent informs the Court that the Respondent disputes a part of the Petitioners claim as contended by them in their Affidavit in Reply. However, without prejudice to its rights and contentions, the Respondent Company only with a view to establish its bonafides agrees to pay an amount of Rs. 60,78,529/- with interest thereon @ 13.5% to the Petitioner with liberty to file appropriate proceedings against the Petitioner for recovery of its claims including the excess payment made by the Respondent Company to the Petitioner in the above Company Petition. In view thereof, the following order is passed by consent :

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cp 713 of 2014 (935).sxw (a) The Respondent Company shall without prejudice to its rights and contentions pay an amount of Rs. 60,78,529/- with interest thereon @ 13.5% to the Petitioner.

(b) The Respondent is granted liberty to file appropriate proceedings against the Petitioner for recovery of its claims against the Petitioner including the excess payment made by the Respondent Company to the Petitioner in the above Company Petition.

(c) Needless to add that in the event of the Respondent Company filing any proceedings against the Petitioner, the same shall be decided on its own merits.

(d) The above Company Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2