Disposed

M/S.Idmc Ltd. v. M/S.Royal Hygiene Care Pvt.Ltd., Cin NO.U99999MH1995PTC094879

Bombay HC3 Apr 2014CP/388/2013

Case brief

AI extract

What is this about?

In a company petition settled by consent, the court accepted consent minutes and substituted Clause 3 to detail specific consequences for payment default, including revival of the petition and advertisement requirements.

What did the court decide?

Consent minutes accepted; Clause 3 modified to specify default consequences including petition revival and advertisement costs.

M/S.Idmc Ltd. Vs M/S.Royal Hygiene Care Pvt.Ltd., Cin… — Company and Corporate | Bombay HC (2014)

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8-CP388-13.DOC

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Agk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 388 OF 2013

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M/s. IDMC Limited…Petitioners
Versus

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M/s. Royal Hygiene Care Private Ltd.…Respondents

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Mr. Mayur Khandeparkar, with Mr. Jay Joshi i/by M/s. I.R. Joshi,
for the Petitioners.

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Mr. Sanjay Udeshi, i/by M/s. Sanjay Udeshi & Co., for the
Respondents.

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CORAM:G.S. PATEL, J
DATED:3rd April 2014

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PC:-

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1.Parties have settled the matter. Consent minutes of order are
tendered. They are signed by: (a) the Advocates for the parties; (b)
one Mr. Shanker Iyer, Officer on Special Duty of the petitioner; and
(c) one Mr. Muthukrishnan Naidu, Manager, Operation on behalf
of the Respondents. Both Mr. Iyer and Mr. Naidu are personally
present in Court. The consent terms are taken on record and
marked ‘X’ for identification.

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2.The undertakings in clause (2) of the consent minutes of
order are accepted as undertakings to this Court.

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8-CP388-13.DOC

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3. By consent, Clause 3 of the consent minutes of order shall be substituted and modified as follows:

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In the event the respondents commit default in payment of any of the above instalments:

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(a) The petition shall thereupon revive and stand admitted without further reference to the Court, returnable within four weeks of the date of such default.

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(b) Service of the petition under Rule 28 of the Companies (Court) Rules, 1959 shall be deemed to have been waived.

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(c) The petition shall be advertised in two local newspapers, namely, (i) Free Press Journal (in English), and (ii) Navshakti (in Marathi) as also in (iii) the Maharashtra Government Gazette.

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(d) Within two weeks of the date of such default, the petitioners shall deposit Rs.10,000/- toward publication charges with the Prothonotary and Senior Master, with intimation to the Company Registrar, failing which the Petition shall stand dismissed for non-prosecution without further reference to the Court.

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3. Subject to the above, the company petition is disposed of in accordance with the consent minutes of order.

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(G. S. PATEL, J.)

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M/S.Idmc Ltd. v. M/S.Royal Hygiene Care Pvt.Ltd., Cin NO.U99999MH1995PTC094879

Case brief

What is this about?

What did the court decide?

M/S.Idmc Ltd. v. M/S.Royal Hygiene Care Pvt.Ltd., Cin NO.U99999MH1995PTC094879

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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