Padmaja Infra v. Hindustan Consturcition Company Limited Cin L45200mh1926plc001228

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.1 OF 2019 IN COMPANY PETITION NO.1108 OF 2015 Padmaja Infra ..Petitioner Vs.

Hindustan Construction Co. Ltd.

..Respondent Mr. Maulik K. Tanna for Petitioner Mr. T.Suresh partner of Petitioner present Mr. A. S. Daver a/w Ms Meenakshi Iyer I/b Advaya Legal for Respondent Mr. Ajay Singh, Company Secretary and Mr. Keshava Suvarna, Authorized Signatory of Respondent present CORAM : K.R.SHRIRAM, J.

DATE : 21st JUNE 2019 P.C.:

Mr. Tanna appearing for petitioner states that due to breach of undertaking of respondent, petitioner was exposed to losing a substantial amount. Mr. Tanna states that after petition was admitted, respondent came forth to settle petitioner's claim and the parties agreed to settle with respondent paying a sum of Rs.1.35 crores towards the undertaking that was given by respondent in the consent terms.

Mr. Daver appearing for respondent and all its directors tenders an affidavit of one Mr Ajay Singh, Company Secretary to respondent, affirmed on 21st June 2019, unconditionally apologizing to the court for the breach of undertaking for which, the court was pleased to issue notice as to why respondent and its directors should not be held guilty of contempt of court. Mr. Daver, on instructions, also offered to pay such amount as donation as the court will direct to any organization as charity.

Parties have also tendered minutes of order dated 21st June 2019 signed by petitioner and authorised representative of respondent and their

2/5 respective advocates.(Mr. Tanna states that petition was yet to be amended despite liberty granted as parties settled the matter in the meanwhile).The same is taken on record and marked "X" for identification. For ease of reference, the minutes of order is scanned and reproduced hereinbelow :

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4/5 Mr. Tanna and Mr. Daver state that signatories of petitioner and respondent are present in court and identify them. Mr. Tanna confirmed having received the pay order as mentioned in the minutes of order in paragraph 5(b) and also referred to in paragraph 3 of the affidavit of Mr. Ajay Singh.

Order in terms of minutes of order. Unconditional apology of

5/5 respondent is accepted.

Respondent to give a sum of Rs.5 lacs as donation to National Defence Fund (NDF), State Bank of Inida, Institutional Division, Parliament Street, New Delhi, Account No.11084239799-www.pmindia.nic.in, and file compliance affidavit within two weeks from today. If compliance affidavit is not filed, registry to place this petition for directions.

Petition accordingly stands disposed.

(K.R. SHRIRAM, J.)