Meher Distilleries Pvt.Ltd. v. Veekay Distilleries Pvt.Ltd And 5 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.85 OF 2016 IN SUIT NO.794 OF 2014 Meher Distilleries Pvt. Ltd.

)....Petitioner V/s.

Veekay distilleries Limited )....Respondent ---- Mr.H.W.Kane a/w Ms.Vedangi Soman i/by W.S.Kane and Co.for petitioner.

[Mr.Vaspar Viraf Chony-director of petitioner present]. Dr.Birendra Saraf a/w Mr.Aseem Naphade i/by S.J.Khera for respondent nos.1 to 4.

[Mr.Sunny Dharmu Budhwani-director of respondent present]. ---- CORAM :K.R.SHRIRAM,J DATE : 7.8.2019 P.C.:- 1.

Parties have tendered consent minutes of the order dated 7.8.2019 which is signed by the director of plaintiff, director of defendant and their respective advocates. The same is taken on record and marked `X' for identification.

2.

For ease of reference, scanned copy of consent minutes of the order is reproduced below :-

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Order in terms of the consent minutes of order. All statements accepted as undertakings to this Court. All undertakings given separately are also accepted.

4.

Dr.Saraf for respondent nos.1 to 4 states that respondents have handed over 3 cheques for the amounts mentioned in paragraph2 of the minutes of the order. Mr.Budhwani-director of defendant who is present in Court personally undertakes to this Court for himself, for defendant company and for the other directors of the company that these cheques will be honoured on presentation and he shall not issue any stop payment notice or close the bank account or even request petitioner to delay depositing the cheque. Same is accepted as undertaking to this court.

5.

In view of the above, Mr.Kane for petitioner states that Court may consider contempt alleged against defendant as purged. 6.

Accordingly, the suit and contempt petition stand disposed with no order as to costs. Refund of court fees if any, in accordance with Rules. Liberty to apply.

(K.R.SHRIRAM,J)