Parth Foils Pvt Ltd v. Surya Exim Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.595 OF 2018 IN COMPANY PETITION NO.189 OF 2016 Partho Bijoy Dutta )....Applicant And Surya Exim Ltd.

)....Petitioner V/s.

Parth Foils Pvt. Ltd.

)....Respondent WITH COMPANY APPLICATION NO.201 OF 2019 IN COMPANY APPLICATION NO.595 OF 2018 IN COMPANY PETITION NO.189 OF 2016 ---- Mr.B.S.Nayak for applicant in CA 595/2018.

Mr.Vishal Pattabiraman I/by RVJ Associates for applicant in CA 201/2019.

[Mr.Ashwini Sharma-authorized signatory of original petitioner present].

Mr.Dhiren Akbari for original petitioner.

[Mr.Suhas Sawant-Dy.Official Liquidator present]. [Mr.Parth Bijoy Dutta-Ex-director of respondent company present]. ---- CORAM : K.R.SHRIRAM,J DATE : 17.7.2019

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Mr.Akbari for original petitioner states that the ex-director of the company in liquidation has agreed to settle the petitioner's claim at Rs.20,00,000/- in full and final settlement. Sum of Rs.10,00,000/- is to be paid immediately and the balance of Rs.10,00,000/- in five installments within one month after the order of winding up is recalled and possession of Silvasa factory is handed over to the company by the Liquidator.

2.

Petitioner, applicant and ex-director of respondent have entered into consent terms dated 17.7.2019. Applicant and the authorized signatory of petitioner are present in Court and are identified. Consent terms is signed by applicant, authorized signatory of petitioner and their respective Advocates. The same is taken on record and marked `X' for identification.

3.

For ease of reference, consent terms is scanned and reproduced herein below :-

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Order in terms of consent terms. All undertakings accepted. 5.

Official Liquidator to hand over amount of Rs.10,00,000/- deposited by applicant together with accumulated interest to petitioner and this amount shall be paid over within one week from today.

Company Application disposed.

6.

Mr.Pattabiraman for applicant in Company Application No.201 of 2019 states that one Swan Industries Pvt. Ltd., has taken out an application in the application which is disposed now and prays that said Application No.201 of 2019 be treated as an independent application. Registry to do the needful.

7.

Mr.Nayak for applicant in Company Application No.595 of 2018 states that affidavit-in-reply is ready and a copy thereof has been handed over to Mr.Pattabiraman in the Court today. The same be treated as affidavit in reply in the to be converted Application No.201 of 2019. Should applicant wish to file any rejoinder, they may do so and serve a copy within two weeks from today.

6/6 Mr.Pattabiraman states that this affidavit was to be served more than two weeks ago and because of the delay in serving a copy, matter is required to be adjourned and presses for costs. Respondent no.3 to pay sum of Rs.10,000/- as costs to applicant by way of cheque drawn in favour of Advocate on record and this amount shall be paid within two weeks from today.

8.

Company Application No.201 of 2019 be listed for hearing on 7.8.2019.

(K.R.SHRIRAM,J)