Parties agreed to resolve dispute amicably via consent order providing lump sum or installment payment for settling all claims.
Respondent company to pay Rs. 15,43,825/- or Rs. 15,92,196/- in six installments within 30 days to settle all claims.
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.
CP856.14-905
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.856 OF 2014
IN THE MATTER OF :
M/s.Kenscio Digital Marketing Pvt. Ltd. ….Petitioner
V/s.
M/s.Urja Communications Pvt. Ltd.
....Respondent/Company
Mr.Kunal Dwarkadas i/by Mr.Ajay Kumar for the petitioner. Mr.Kishor Shreyan for the respondent-company.
CORAM : K.R.SHRIRAM,J DATE : 9.2.2016
P.C.:-
1 The petition was heard for some time. After the counsel for the petitioner and counsel for the respondent-company made their submissions, on the suggestion of the court, the counsels agreed to discuss if the matter could be resolved amicably. The matter was therefore, kept back.
2 The counsels state that the parties have agreed to amicably resolve the inter se dispute and have requested a consent order as under :-
CONSENT ORDER
(a) Within 30 days from today, the respondent-company has the option to pay sum of Rs.15,43,825/- in full and
KJ
2 CP856.14-905
final settlement of all the claims that the petitioner has which is the subject matter of this petition ;
a sum of Rs.15,92,196/- in six equal installments of Rs.2,65,366/- each, the first of which will be payable on 9.3.2016 ;
3 If the respondent-company commits any one default, the petition will stand automatically reviewed/admitted and advertised. The returnable date will be two months from the date of default without further reference to the court.
4 In case there is a default and the petition gets admitted, the counsel for the respondent-company takes notice under Rule 28 of the Company Court (Rules 1959). The rejoinder filed by the petitioner is also taken on record.
5 The petition accordingly stands disposed.
(K.R.SHRIRAM,J)
KJ
CP856.14-905
3
CERTIFICATE
Certified to be true and correct copy of the original signed Judgment/Order.
KJ
M/s. Kenscio Digital Marketing Pvt. Ltd.
M/s. Urja Communications Pvt. Ltd.
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
