M/S. Blr Logistiks (I) Ltd. v. M/S. Peri Nitrates Private Limidted

cp 252 of 2014 (971).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.252 OF 2014 M/s. BLR Logistics (I) Ltd.

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Petitioner versus M/s. Peri Nitrates Pvt. Ltd.

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Respondent Mr. Mukesh J. Pabari, for Petitioner.

Ms. Kurne i/by M/s. Vyas and Bhalwal, for Respondent. Mr. T.S.Rao, Director of Respondent Present.

CORAM: S.J. KATHAWALLA, J.

DATE: 5th FEBRUARY, 2015 P.C.

1.

The Director of the Company who is present in Court, undertakes to pay on or before27-02-2015 an amount of Rs.90,000/- to the Petitioner in full and final settlement of the claim of the Petitioner in the above Petition. The undertaking is accepted.

2.

In the event of the Respondent Company committing default in payment of the aforestated amount, the Company Petition shall without reference to this Court be revived, stand admitted, made returnable within six weeks from the date of default and advertised in two local newspapers i.e. Free Press Journal (in English) and Navshakti (in Marathi) and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court towards ssp 1/2

cp 252 of 2014 (971).sxw publication charges, within two weeks from the date of default, with intimation to the Company Registrar failing which the Petition shall stand dismissed for non-prosecution. In the event of any default the Official Liquidator shall forthwith stand appointed as provisional liquidator and shall immediately take charge of the records as well as the movable and immovable properties of the Company. Notice under Rule 28 of the Companies (Court) Rules, 1959 shall also stand waived on behalf of the Company. 3.

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