In a company petition, the Court passed a consent order directing the respondent to deposit Rs. 11.5 lakhs. The petitioner was directed to file a suit within four weeks of the deposit, while the petitioner agreed to withdraw specific letters.
Order directed respondent to deposit Rs. 11,50,000 and petitioner to file a suit within four weeks.
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.
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jpc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 203 OF 2010
M/s Sowil Ltd.
.. Petitioner
Versus
Unity Infraprojects Ltd.
.. Respondent
Mr. Amrish Gajbhiye i/by M/s S. Ashwinikumar & Co. for the Petitioner Mr.Chetan Kapadia a/w Mr.Saket More i/by Vidhi Parmar for the Respondent
CORAM : S. J. KATHAWALLA, J. DATE : 30th September, 210
P.C.:
1. The learned Advocates appearing for the parties, after taking instructions from their respective clients have agreed to the following order being passed in the matter.
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iv. The Petitioner shall be at liberty to take out appropriate proceedings seeking ad-interim/interim reliefs including the reliefs seeking withdrawal of the said amount of Rs.11,50,000/- in the said suit which will be decided on its own merits.
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vi. In the event of the Respondent Company failing to deposit an amount of Rs.11,50,000/- as set out in Clause (i) above, the Company Petition shall, without reference to this Court, stand revived, admitted, made returnable within six weeks of default and advertised in two local newspapers i.e. Free Press Journal (in English) and Maharashtra Times (In Marathi) and Maharashtra Government Gazette.
vii. Upon such default, the Petitioners shall, within one week from the date of default, deposit with the Prothonotary and Senior Master, a sum of Rs. 10,000/- (Rupees ten thousand) towards publication charges, failing which the Company Petition shall stand dismissed for want of prosecution.
viii. The learned Advocate appearing for the Petitioner undertakes on behalf of the Petitioner to withdraw the letters dated 10th July, 2010 (Exh.C1 and C2 to the reply filed by the Company) within one week from today. The undertaking is accepted.
2. The Company Petition is accordingly disposed of with no order as
to costs.
(S. J. KATHAWALLA, J.)
1 issue framed by the court
Whether the petitioner is required to file a suit after the respondent's deposit of the disputed amount.
M/s Sowil Ltd.
Unity Infraprojects Ltd.
S. J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
