Petitioner disclosed that the dispute was settled via a consent term and all claims were exhausted after advertising the withdrawal of the petition in newspapers. Advocate undertook to file an affidavit of publication.
Company Petition dismissed as withdrawn; no order as to costs.
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.
2.cp.630.2013.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 630 OF 2013
Bharat Bijlee Ltd. ...Petitioner vs Spark Green Energy (Satara) Ltd. ...Respondent
Mr Naresh Nathani i/b Ashwin Ankhad & Associates for the Petitioner None for the Respondent
CORAM : B. P. COLABAWALLA J.
AUGUST 01, 2016
P.C. :
Learned counsel appearing on behalf of the Petitioner
states that the disputes between the Petitioner and the Respondent
Company were settled by entering into the consent terms dated 6 April, 2016. However, since the Company Petition was admitted and the same was also advertised, the withdrawal of this Company Petition was directed to be advertised in “ Free Press Journal” (in English) and “ Navshakti” (in Marathi) returnable on 13 June, 2016. Thereafter, on 20 June, 2016, on recording the statement on
behalf of the Petitioner that they have received the entire payment, this Court again ordered that the withdrawal of this Company Petition be advertised in “ Free Press Journal” (in English) and “ Navshakti”
Pg 1 of 2
2.cp.630.2013.doc
(in Marathi) returnable on 1 August, 2016.
2 Learned counsel appearing on behalf of the Petitioner states that these directions have been duly complied with and they have received no further claims from any other person against the Respondent company. He undertakes to file an affidavit of publication during the course of day. The undertaking is accepted.
3 Considering the fact that the withdrawal of this Company Petition has been duly advertised and no further claims have been received against the Respondent Company, the Company Petition is dismissed as withdrawn. No order as to costs.
Pg 2 of 2
Bharat Bijlee Ltd.
Spark Green Energy (Satara) Ltd.
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
