M3 Lighting Llp v. Mangii Cafes Pvt. Ltd. Cin Nou55101mh2009ptc190743

12.cp.695.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 695 OF 2016 M3 Lighting LLP .. Petitioner Vs.

Mangii Cafes Pvt. Ltd.

.. Respondent Ms. Priyanka Mishra i/b Legal Spectrum for petitioner. Ms. Nilisha Sanghvi a/w. Mr. Vishal Mehta i/b M/s. MV Law Partners for respondent.

Mr. Manoj K. Maroo-Partner of petitioner present. Mr. Nitin Hatode, authorized signatory of respondent present. CORAM : K.R.SHRIRAM, J.

DATE : 27TH MARCH 2018 P.C.

Parties have entered into consent terms dated 27th March 2018. The consent terms signed by the Partner of petitioner, authorized signatory of respondent and their respective advocates is taken on record and marked 'X' for identification. The counsel for petitioner and counsel for respondent state that the persons who have signed the consent terms are present in Court and identify them. All undertakings accepted. In addition, Mr. Nitin Hatode, authorized signatory of respondent undertakes to this Court for himself personally, on behalf of the Directors of Shraddha Talekar PS 1/2

12.cp.695.2016.doc the company and on behalf of the company that the three cheques given will be honoured on presentation. Mr. Hatode states that he has authority to bind the directors of the company. This was in response to a query raised by the Court whether he has such an authority, Mr. Hatode stated that he has such an authority. When he was also told that he will be personally liable, Mr. Hatode agreed that he will be personally liable if the cheques are dishonoured. Undertaking accepted. It is made clear that if the cheques are dishonoured, petitioner may also execute this order as a decree against Mr. Hatode, each of the Directors of the Company and the company, jointly and/or severally. Ms.Mishra for petitioner, on instructions from Mr. Manoj K. Maroo, Partner of petitioner, undertakes to file Vakalatnama by tomorrow, i.e., 28th March 2018. undertaking accepted.

Petition accordingly stands disposed. Petitioner is at liberty to apply for revival of the petition in case, the cheques are dishonoured. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2