D.G. Power And Infrastructure Pvt Ltd v. Kamlesh Mehta

SKN 1/1 903.18-nmal.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (LDG.) NO. 903 OF 2018 IN APPEAL (LDG.) NO. 801 OF 2014 IN COMPANY PETITION NO. 118 OF 2014 D.G.Power and Infrastructure Private Limited. ...

Applicant.

In the matter between D.G.Power and Infrastructure Private Limited. ...

Appellant.

V/s.

Kamlesh Mehta.

...

Respondent.

Mr.Girish Godbole with Mr.Sumit Kothari for the applicant- appellant. Mr.Rashmin Jain i/b. Kanga & Co. for the respondent. Mr.L.T.Satelkar for the Official Liquidator.

CORAM :

A.S.OKA AND M.S.SONAK, JJ.

DATE :

16th October 2018.

P.C.:

Heard the learned counsel appearing for the parties. The appeal preferred by the applicant has been dismissed under the orders of the Prothonotary and Senior Master in exercise of powers under rule 986 of the Bombay High Court (Original Side) Rules. One of the grounds pleaded is that the applicant and the respondent have arrived at settlement. A copy of the consent terms has been annexed to the notice of motion. The learned counsel appearing for the respondent, on instruction, accepts that there is a settlement. Hence, a case is made out for restoration. The notice of motion is made absolute in terms of prayer clauses (a) to (c).

(M.S.SONAK, J.) (A.S.OKA, J.)