After parties amicably settled the dispute and no party pursued the filed contempt/compliance petition, the High Court allowed the withdrawal and dismissed the company petition.
Withdrawal of the petition allowed; Company petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Contempt petition No.162 of 2000
with
Company Application no.544 of 2008
In the matter of M/s Silver
Wing Investmernts and
Trading Co. Pvt.Ltd.
Adit Overseaas ..Petitioner
Mr.Amit Gor i/b Mr.M.K,.Shet for petitioner,.
Mr.Shekhar Gupta i/b Mr.S.K.Srivastav for respondent.
CORAM: S.C.DHARMADHIKARIJ.
27th June 2008
P.C.
1. The petitioner and respondent have amicably settled
their dispute and, therefore, request is made for
withdrawal of the petition. Since the petition is
admitted, directions were issued for compliance with
rules 101 to 104 of the Company Rules, 1959. Accordingly,
an affidavit dated 28th May, 2008 is filed which
demonstrates that the advertisement has been duly
published in the newspaper. None has remained present to
make any claim. Further, there are no claims received
within time stipulated in the notice. The Official
Liquidator has also certified that there are no pending
claims. In such circumstances and when no creditor or
company is coming forward to prosecute this petition it is
allowed to be withdrawn and dismissed as such. No order
as to costs.
2. The costs of Official Liquidator is quantified at
Rs.5000/-
3. In view of dismissal of the company petition, company
application no.544 of does not survive and is rejected as
such.
(S.C.DHARMADHIKARI J.)
Adit Overseaas
M/s Silver Wing Investments and Trading Co. Pvt.Ltd.
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court