Disposed

Arun Varun Trade and Investment Ltd. v. Mantry Realty Ltd. (Formerly Known as Sunil Mantry Realty Ltd.)

Bombay HC6 May 2014CP/608/2013

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of Company Petition No. 608 of 2013 with consent terms between the petitioner and respondent regarding revival of the petition, waiver of service, publication charges deposit, and validation of advertisement notices in case of default.

What did the court decide?

Petition disposed in accordance with consent terms accepting undertakings regarding revival, service waiver, and publication charges.

Arun Varun Trade and Investment Ltd. Vs Mantry Realty… — Company and Corporate | Bombay HC (2014)

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917-CP-6082013.DOC

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Ars

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 608 OF 2013

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Arun Varun Trade & Investment Ltd.…Petitioners
Versus
Mantri Realty Ltd.…Respondents

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Mr.Bhavik Manek, i/b Mr. Tushar Goradia, for the Petitioners.
Mr.Dhaval Mohan, i/b M/s Thakore Jariwala & Asso., for the
Respondents.

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CORAM: G.S. PATEL, J DATED: 6th May 2014

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PC:-

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1.The parties have filed consent terms. These are signed by (a)
the advocate of the parties; (b) one Gautam Bhandhari, Authorised
Signatory, on behalf of the petitioner; and (c) one Sagar Vinod
Chauhan, Law Officer, on behalf of the Company. The consent terms
are taken on record and marked ‘X’ for identification. Undertakings
in the consent terms are accepted as undertakings to the Court.

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2.In the event that provisions of Clauses 4 & 5 of the consent
terms come into effect in the event of a default as provided in the
consent terms:

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1 of 2

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917-CP-6082013.DOC

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(a) The Petition shall revive, stand admitted and be made returnable within four weeks from the date of 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 deposit of Rs.10,000/- toward publication charges shall be made within a period of two weeks from the date of default. After the advertisement is issued, the balance, if any, shall be refunded to the petitioners.

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(d) Further in the event of default, any delay in publication of the advertisement in the Maharashtra Government Gazette, and any resultant inadequacy of notice shall not invalidate such advertisement or notice and shall not constitute non-compliance with this direction or with the Company (Court) Rules, 1959.

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3. Subject to the above, petition is disposed of in accordance with the consent terms.

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(G. S. PATEL, J.)

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Arun Varun Trade and Investment Ltd. v. Mantry Realty Ltd. (Formerly Known as Sunil Mantry Realty Ltd.)

Case brief

What is this about?

What did the court decide?

Arun Varun Trade and Investment Ltd. v. Mantry Realty Ltd. (Formerly Known as Sunil Mantry Realty Ltd.)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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