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Madras High CourtOSA/196/2016withdrawn dismissed

M/S Gemini Industries And v. M/S Dhanalakshmi Bank Ltd.,

2017-07-21Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2017

CORAM

The Honourable Mr.JUSTICE RAJIV SHAKDHER and The Honourable Mr.JUSTICE ABDUL QUDDHOSE O.S.A.No.196 of 2016 & C.M.P.No.15065 of 2016 Gemini Industries and Images Ltd., No.28, New Bangaru Colony, West K.K.Nagar, Chennai - 600 078.

.... Appellant Vs

1. Dhanalakshmi Bank Ltd., Having its registered office at Dhanalakshmi Building, Naickanal, Thrissur, Kerala - 680 001 and Treasury Department at 1st Floor, Plot No.6A, Western Express Highway, Goregaon East, Mumbai - 400 063.

2. The Official Liquidator, High Court, Madras As the Provisional Liquidator of Gemini Industries & Imaging Limited (In Liquidation) .... Respondents Appeal filed under Order XXXVI Rule 1 of the C.P.C. read with Clause 15 of the Letters Patent Act against the decree and judgement dated 29.01.2016, made in C.P.No.178 of 2015 on the file of this Court.

For Appellant : Mr.Thriyambak J.Kannan For Respondents : Mr.N.V.Srinivasan for M/s.N.V.S. & Associates - R1 R2- Official Liquidator https://hcservices.ecourts.gov.in/hcservices/

J U D G E M E N T (Judgement of the Court was delivered by RAJIV SHAKDHER,J.)

1. Learned counsel for the appellant wishes to withdraw the appeal with liberty to move the learned Company Judge with an appropriate Scheme of Arrangement/Compromise.

2. The captioned appeal is dismissed as withdrawn with liberty as prayed for, albeit, in accordance with law. Consequently, the connected Miscellaneous Petition is also dismissed. However, there will be no order as to costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sl To 1.The Official Liquidator, High Court, Madras.

2.The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr. NVS Associates, Sr. 51276 O.S.A.No.196 of 2016 & C.M.P.No.15065 of 2016 KS(CO) VR(03/08/2017) https://hcservices.ecourts.gov.in/hcservices/