The Court disposed of Company Petition No. 251 of 2012 on consent terms where parties settled the dispute. The Court recorded the amended consent terms and disposed of the petition accordingly.
Consent terms taken on record; petition disposed of in terms of consent terms.
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.
1
CP251-12.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 251 OF 2012.
Tech Fab (India) Industries Ltd. .. Petitioner Vs M/s Enseft Bitumanous Products (I) Ltd. .. Respondent
Mr.Yahya Ghoghavi i/b Dave & Co., for petitioner. Mr.Narayan Makhija, Finance Manager of petitioner present. Mr.Bharat Vaishnawa i/b M/s Bharat Vaishnawa & Co., for respondent.
CORAM: N.M.JAMDAR, J. Thursday 22 August, 2013
P.C.:
The learned counsel for the parties state that parties have arrived at consent terms which have been signed by the concerned advocates and the parties. The learned counsel for the respondent states that the representative of the respondent is not present as the respondent Company is based in Delhi, however he has received instructions on behalf of respondent that the respondent is agreeable for the settlement and the authorized signatory of the respondent has signed the consent terms. The learned counsel pray that the consent terms be taken on record and the petition be disposed of in terms of consent terms. The learned counsel for the parties on instructions agree that the paragraph 6 of the consent terms shall be replaced as under and the substituted paragraph no.6 will read as under -
“6. On default of one of the aforesaid instalment the petition will stand admitted and will be placed for directions for further
2
CP251-12.doc
procedural formalities. It will be open to the petitioner to apply to the Court for appointment of Provisional Liquidator.”
N.M.JAMDAR, J.
Tech Fab (India) Industries Ltd.
M/s Enseft Bitumanous Products (I) Ltd.
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
