Ms/ Kashyap Diesel Sales And Services v. M/S. Perfect House Pvt. Ltd. Cin No. U45200mh1988ptc045910

901.cp.888.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 888 OF 2014 Ms Kashyap Diesel Sales & Services

...Petitioner

vs M/s Perfect House Pvt. Ltd.

...Respondent

.....

Mr Aniket Ransubhe i/b Mrugank & Basutkar Law Partners for the Petitioner Ms Smita Vora for the Respondent .....

CORAM : B. P. COLABAWALLA J.

APRIL 13, 2016 P.C. :

Learned advocate appearing on behalf of the Petitioner states that he has instructions to withdraw the Company Petition with liberty to file a suit in the Civil Court of competent jurisdiction on the same subject matter.

In view of the aforesaid statement, the Company Petition is allowed to be withdrawn with liberty as prayed. It is clarified that for the purposes of Section 14 of the Limitation Act, 1963, the Petitioner has been bona fide and in good Pg 1 of 2

901.cp.888.2014.doc faith pursuing his remedy in this Court, which is unable to entertain the claim only on account of disputed question of facts, which placed this Petition beyond summary jurisdiction of this Court under Section 433 of the Companies Act, 1956.

With this clarification, the Company Petition is disposed of. All contentions of both parties are kept open to be agitated in the suit that may be filed by the Petitioner against the Respondent Company.

( B. P. COLABAWALLA J. ) Pg 2 of 2