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CP195-13 MENTIONED.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.195 OF 2013
Vikas Shantilal Doshi, Proprietor of
M/s. Rajendra Industrial Corporation..Petitioner.
Versus
M/s. R.J. Paper Mills Private Limited
..Respondents.
Mr. Jagdish Nagar i/by M/s. Jagdish Nagar & Associates, for the Petitioner.
Ms. Sneha Goyal i/by M/s. Divya Shah Associates, for the Respondents.
CORAM : G.S. Patel, J. Thursday, 13th February 2014.
P.C. :
1. Not on board. Mentioned. Taken on board.
2.The matter has been settled and compromised. Consent terms have
been signed. These are tendered on record and marked 'X' for identification.
They are signed by the advocates for the respective parties. The petitioner
himself has signed and on behalf the respondent – Company, one Mr. Sanjay
Desai, a Director has signed.
3. There will be an order in terms of the consent terms. The undertakings
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CP195-13 MENTIONED.DOC
given in the consent terms are accepted as undertakings to this Court. By
consent, clause (6) of the consent terms is modified as follows :
“6. In the event, the respondent – company commits three successive defaults in making the payment and/or realization of the installments or in the last installment then in that event :(a) The company petition shall revive and stand automatically admitted upon the dishonor of that installment being communicated by the advocate for the petitioner to the Company Registrar of this Court. It shall then be made returnable after four weeks of the date of such communication. Service of the Petition under Rule 28 of the Companies (Court) Rules, 1959 shall be deemed to have been waived.(b) The petition shall then be advertised in two local newspapers, namely, (i) Free Press Journal (in English); (ii) Navshakti (in Marathi); as also in the Maharashtra Government Gazzette.(c) The petitioner shall, within two weeks of such communication to the Company Registrar, deposit an amount of Rs.10,000/towards publication charges with the Prothonotary & Senior Master, under intimation to the Company Registrar, failing which the petition shall stand dismissed for non-prosecution without further reference to the Court.(d) The Official Liquidator shall be appointed as a provisional2 of 3
CP195-13 MENTIONED.DOC
liquidator of the assets and properties of the Company.
4. This substitution has been agreed to by the learned advocates for both the parties, as also their respective clients who are personally present in Court.
5. The company petition is disposed of in these terms.
(G.S. Patel, J.)
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Vikas Shantilal Doshi
M/s. R.J. Paper Mills Private Limited
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court