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Bombay High CourtCA/476/2018absolute

Human Bio Plazma Manufacturing And Trading Limited Liability Company v. Synergy Diagnostics Pvt. Ltd.

2018-06-08Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODG.) NO. 558 OF 2017 IN COMPANY PETITION NO. 185 OF 2016 Human Bio Plazma Manufacturing and Trading Limited Liability Company .. Applicant In the matter between :

Human Bio Plazma Manufacturing and Trading Limited Liability Company .. Petitioner Vs.

Synergy Diagnostics Pvt. Ltd.

.. Respondent Mr.Ajay Kumar i/b MZM Legal for applicant/petitioner. Ms.Sonam Shethia i/b Juris Corp erstwhile advocates for petitioner. Mr.Mayur Bhojwani a/w. Ms.Prangana Barua i/b Manilal Kher Ambalal and Co. for respondent.

CORAM : K.R.SHRIRAM, J.

DATE : 8TH JUNE 2018 P.C.

Heard the counsel and considered the affidavit in support and further affidavit dated 6th April 2018.

Shri Ajay Kumar appearing for applicant states that towards publication charges, petitioner will pay a sum of Rs.15,000/- on 11th June 1/3

2018. Statement accepted. In view of the statement made by Shri Ajay Kumar and in view of the averments in the affidavit as well as in the further affidavit, application is allowed in terms of prayer clauses (a) to (d). Petition restored to file. Applicant to pay a sum of Rs.10,000/- as cost to respondent by way of cheque drawn in favour of advocate on record for respondent and this amount to be paid within one week from today. Applicant, by a letter signed by the Managing Director/Whole-time Director / Executive Director / CEO of the company whatever designation he holds, shall express their apology to their erstwhile advocates Juris Corp for making allegations which were not entirely correct. This letter to be sent within one week from today. It is made clear that if the publication charges is not deposited on 11th June 2018, petition will get dismissed without further reference to the Court.

If Rs.15,000/- is deposited, petition will stand admitted and petitioner will comply with the directions for advertising the petition given in the order dated 8th August 2017 within two weeks from today. Respondent waives service of notice under Rule 28 of the Companies (Court) Rules, 1959.

Notwithstanding disposal of the company application, all office objections to be removed and application to be numbered within two weeks from today.

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Petition be listed for final hearing on 12th July 2018. (K.R. SHRIRAM, J.) 3/3