M/S Padmaja Infra v. M/S Hindustan Consturcition Company Limited Cin L45200mh1926plc001228

1/2 CP1108.15-909

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1108 OF 2015 M/s.Padmaja Infra )....Petitioner V/s.

Hindustan Construction Company Ltd.

)....Respondent ---- Mr.Maulik K.Tanna for petitioner.

[Mr.T.Suresh, Managing Partner for petitioner present]. Mr.A.S.Daver a/w Ms.Prachi Ojha i/by Advaya Legal for respondent. [Mr.Rajendra Kumar Mahajan-Manager (Legal)/authorized representative of respondent present].

---- CORAM : K.R.SHRIRAM,J DATE : 23.1.2018 P.C.:- Parties have entered into consent terms dated 23.1.2018. Consent terms signed by Managing partner of petitioner, authorized signatory of respondent and their respective advocates, is taken on record and marked `X' for identification.

Mr.Daver for respondent clarifies on instructions that so far as clause-9 is concerned, though it states 2 consecutive defaults, it should be read as any 2 defaults and clauses- 9(a) & 9(b) will also apply if there is only one installment that is outstanding, due and payable and there is a default.

KJ

2/2 CP1108.15-909 With this clarification, order in terms of consent terms. All undertakings accepted. Since the petition is still at pre admission stage, petition accordingly stands disposed.

(K.R.SHRIRAM,J) KJ