Naresh Steels Industries Pvt.Ltd. v. Universal Construction Machinery And Equipments Pvt. Ltd. Cin No. U29248pn2005plc021271

1/2 901.CP-496-2016.doc ,IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.496 OF 2016 Naresh Steels Industries Private Limited ....Petitioner Vs.

Universal Construction Machinery & Equipments Private Limited ....Respondent ---- Mr. Jay Choksi i/b. Law Frame for petitioner. Mr. Amod Eklaspur i/b. Mr. Vikram Chavan for respondent. Mr. Abhijeet More, Director of respondent company present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 20th MARCH, 2018 P.C.:

On 19th March, 2018, parties wanted to tender consent terms dated 19th March, 2018 but since only petitioner's authorised signatory was present and respondent's director was not present, the matter was stood over to today for filing consent terms. Yesterday, the counsel for petitioner had identified Mr. Chain Singh, who has signed for petitioner. Today, Mr. Eklaspur, counsel for respondent states that one Abhijeet More, Director of respondent company is present in Court and identifies him and confirms that he has also signed the consent terms. The consent terms dated 19th March, 2018 is taken on record and marked 'X' for identification.

All undertakings given in the consent terms are accepted and so ordered. Mr. Abhijeet More further undertakes on behalf of the company, for Gauri Gaekwad

2/2 901.CP-496-2016.doc himself and on behalf of all the directors of the company that all the cheques will be honoured on presentation, failing which the company and each of the directors will be personally liable to the extent of the amount of each of the cheques dishonoured and the Court may also commence recovery proceedings as arrears of land revenue against each of the directors. To the extent of unpaid amount, petitioner may also execute the consent terms as a decree against the director personally and against the company.

Since the petition is at pre-admission stage, petition stands disposed in terms of the consent terms with liberty to petitioner to apply for revival of this petition and take other legal proceedings as mentioned above. (K.R. SHRIRAM, J.) Gauri Gaekwad