Noble Explochem Ltd. v. Meet Mercantile Pvt. Ltd. And Yatish Trading Co. Pvt. Ltd.

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2022.10.11 18:29:24 +0530 4 s 2685 of 2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2685 OF 2011 Noble Explochem Ltd.

...

Plaintiff

Versus

Meet Mercantile Pvt. Ltd. and Anr.

...

Defendants Mr. Abhirup Ghosh i/by Desai and Diwanji, for Defendant No.2. Ms. Dhwani Doshi, for Defendant No.1.

Mr. Harish P. Kamath, Company Secretary of Plaintiff, present. CORAM: N.J.JAMADAR, J.

DATE:

10th OCTOBER, 2022 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for Defendant No.2 submits that Noble Explochem Ltd. - Plaintiff no longer exists.

3.

Pursuant to the orders passed by the National Company Law Tribunal, Mumbai Bench, on 22 nd January, 2020 in Company Petition No.1758 of 2017, M/s. Ipca Laboratories Limited (IPCA) acquired the erstwhile Company - Noble Explochem Ltd., as a successful resolution applicant. 4.

An Affidavit of Mr. Harish P. Kamath, Corporate Counsel and Company Secretary of IPCA is tendered. To the said Affidavit, copies of the orders passed by the NCLT, Mumbai are annexed. Mr. Kamath affirms that IPCA accords unconditional and irrevocable consent for withdrawal of the Suit in terms of the SSP 1/2

4 s 2685 of 2011.doc resolution. Mr. Kamath is present in Court. He submits that IPCA does not wish to further prosecute the Suit.

5.

In view of the aforesaid Affidavit and statement, the Suit stands disposed for want of prosecution.

6.

Refund of Court Fees, if any, be made to IPCA as per rules. ( N.J.JAMADAR, J. ) SSP 2/2