Bharati Shipyard Ltd. v. Kanga And Co.

sat 1/2 cal 688-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 688 OF 2015 IN COMPANY PETITION NO. 514 OF 2014 Kanga and Co.

...Petitioner

vs.

Bharati Shipyard Ltd.

...Respondent / Applicant

Mr.Uday Sankar Samudrala for Applicant.

Mr.Ravi Gandhi with Mr.Rashmin Jainwith Mr.Kuna Parikh i/b. Thakore Jariwala & Associates for Respondent.

CORAM : S.C. GUPTE, J.

15 OCTOBER 2015 P.C. :

This company application seeks stay of the earlier orders passed by this Court in Company Petition No.514 of 2014. By an order dated 10 March 2015, the company petition was disposed of in terms of consent terms. This was a self operative order, which provided for payment of the original Petitioner's dues in instalments and admission of the petition in the event of a default. There was a slight modification of this order on 1 April 2015. By a further order dated 12 June 2015, on the company's own application, the period of payment of one particular instalment was extended by a period of two months and the company was directed to keep to the original schedule of repayment for the further instalments. The Court is now told that uptodate instalments, that is, payable upto 15 October 2015, have been duly paid by the Respondent company to the original Petitioner. The Applicant (original Respondent) now seeks to withdraw the company application. The application is dismissed as withdrawn. (S.C. Gupte, J.)

sat 2/2 cal 688-2015.doc