Emnet Samsara Media Pvt Ltd v. Verve Compusoft Pvt Ltd And 7 ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.11 OF 2018 IN COMPANY APPLICATION NO.145 OF 2017 IN COMPANY PETITION NO.901 OF 2014 Emnet Samsara Media Pvt Ltd.
..Petitioner Vs.
Verve Compusoft Pvt Ltd & Ors ..Respondents Mr. Rohn Cama a/w Mr. Shanay Shah and Mr. G. Mohanty I/b Mohanty and Associates for Petitioner Mr. Jigar Joshi Authorized representative of Petitioner present Ms Noelle-Ann-Park a/w Mr. Rohmin Aref and Ms Nikita Mary-Abraham I/b Noelle-Ann-Park for Respondents Mr. Dhaval Chandan - Respondent No.2 and Mr. Kunal Chandan - Respondent No.3 are present CORAM : K.R.SHRIRAM, J.
DATE : 19th JULY 2019 P.C.:
Parties have entered into consent terms dated 19.07.2019. The consent terms signed by Director of petitioner, respondent no.2 for himself and authorised signatory of respondent no.1, respondent no.3 and their respective advocate is taken on record and marked "X" for identification. Both counsel state that the signatories to the consent terms are present in Court and identify them.
2/7 For ease of reference, the consent terms without resolutions attached thereto, is scanned and reproduced hereinbelow:
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6/7 Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. All statements are accepted as undertaking to this Court.
7/7 Appointment of the official liquidator is stayed for the present. Eight respondents in contempt petition have filed affidavits expressing regret and unconditional apology to the court for breach of undertaking. In view of these affidavits and in view of the fact that the parties have entered into consent terms, the show cause notice issued stands discharged and contempt petition accordingly stands disposed. I have to note that this is the third time respondents are committing breach of undertaking given to this court. Therefore, the eight respondents are directed to give jointly donation of a sum of Rs.50,000/- to Dean pbcf kem hospital, K.E.M. Hospital, Dr. E. Borges Road, Parel, Mumbai-400012 and this amount shall be paid and affidavit of proof of payment of respondent no.1 shall be filed within one week from today, under advice to petitioner's advocates.
(K.R. SHRIRAM, J.)