M/S. Bovi Trade D.O.O. v. M/S. Radha Madhav Corporation Ltd. - L74950dd2005plc003775

3 cp 501-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 501 OF 2012 M/s. Bovi Trade D.O.O.

... Petitioner V/s.

M/s. Radha Madhav Corporation Ltd.

... Respondent ----- Ms. Deepti Panda I/b Narayana and Narayana for the Petitioner. Mr. Ankit Lohia a/w Mr. Chetan Shah I/b Rakesh Agrawal for the Respondent. Mr. Abhishek Agarwal, Director of Respondent Company present in Court. CORAM : K.R. SHRIRAM, J.

DATE : 30th JULY, 2018 P.C.:

.

Consent Terms marked 'X' for identification, is submitted by the parties and they have applied for order in terms of Consent Terms. The same is signed on behalf of Petitioner by the Advocates for the Petitioner. The Petitioner is based in Slovenia, and Ms. Deepti Panda on behalf of the Petitioner has informed the Court that the Petitioner's Advocates have been authorised to sign these Minutes by the Petitioner. Copy of the Authority granted to the said Advocates is annexed to the Consent Terms. Mr. Abhishek Agarwal, Director of the Respondent, who is present in Court, is also authorised by a Resolution of the Board of Directors of the Respondent to sign these Consent Terms . The Resolution is annexed to the Consent Terms.

Sneha Chavan 1/2

3 cp 501-12.doc Order in terms of Consent Terms. In view thereof and as the petition is yet to be advertised, Company Petition No. 501 of 2012 to stand disposed. Consequently order dated 02nd July 2018 is also set aside. Undertakings in the Consent Terms are accepted. The Bank of Baroda, Vapi I.E. Branch, Vapi, Gujurat (A.D. Code: 02002385560063) is hereby directed to make payment of € 70000 to the Petitioner as per particulars set out in the Consent Terms in full and final settlement of the claims made in respect of Import Document Reference No. 0238FIBC0017711 against Proforma Invoice No. 21/11/PA dated 13th October, 2011 of the Petitioner by debiting the Current Account No. 255802000000835 maintained with the Bank of Baroda, SSI Branch, Daman within a period of four (4) weeks, i.e., on or before 30th August 2018.

Liberty to the parties to apply.

(K.R. SHRIRAM, J.) Sneha Chavan 2/2