Upon recording of consent terms entered by the parties resolving all disputes, the single-judge bench of G.S. Patel, J., disposed of the company petition as withdrawn.
Company Petition No.909 of 2014 disposed of as withdrawn in view of the Consent Terms.
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2 CP NO.909_2014.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.909 OF 2014
Santosh C. Trivedi
Versus
Italian Design Bagage Pvt. Ltd.
...Petitioner
...Respondent
A.R. Shaikh,i/b. Mr. Shrikant Mishra, for the Petitioner.
Mr. Farhad Marolia, i/b, KRY Legal for the Respondent.
CORAM:G.S. PATEL, J.
DATED:14th March 2016
P.C.
1.The parties have settled their disputes. They have entered
into Consent Terms. These have been drawn up and signed on
behalf of the Company by Director and on behalf of the Petitioner
by his Constituted Attorney. They are also signed by the respective
advocates.
2.Under the Consent Terms, in Clause 3, the Petitioner
acknowledges that out of this claim of Rs.135 Crores an amount of
Rs.29,33,137/- has been repaid by making payment to the
Petitioner’s wife. Then there is a mutual understanding which is set
out in clause 6 to the effect that a certain amount is payable as
interest and that there is acknowledgement of an amount payable to
one Eurozone by a Director of the Company. Paragraph 7 contains
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2 CP NO.909_2014.DOC
certain undertakings which have been agreed upon between the
parties. These involve transfer of certain properties. In paragraph 11
the Petitioner has agreed to withdraw certain litigations including a
criminal complaint.
3.I am satisfied that the Consent Terms have been drawn up by
mutual agreement and without coercion or pressure. The Consent
Terms are taken on record and marked “X” for identification. The
undertakings in the Consent Terms are accepted as undertakings to
the Court. The Company Petition No.909 of 2014 is disposed of as
withdrawn in view of the Consent Terms.
4.All concerned to act upon an authenticated copy of this
order.
(G. S. PATEL, J.)
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Santosh C. Trivedi
Italian Design Bagage Pvt. Ltd.
G.S. PATEL
As recorded by the court registry
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