Bombay High Court Disposes Winding Up Petition by Consent Terms Under Companies Act, 1956. Parties Agreed to Settle Dispute, Court Orders Advertisement and Deposit of Rs.2,000/-.

High Court: Bombay High Court
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Case Note & Summary

This is a winding up petition filed by Herambh Steel P.Ltd. against Azofen P.Ltd. under the Companies Act, 1956. The parties appeared before the court and tendered consent terms duly signed by them and their advocates. The court took the consent terms on record and marked them as 'X' for identification. The court directed that in the event the petition is admitted, it shall be advertised in Free Press Journal, Janmabhoomi and Maharashtra Government Gazette. The petitioner was directed to deposit a sum of Rs.2,000/- in the office of Prothonotary and Senior Master. The petition was disposed of accordingly with no order as to costs.

Headnote

A) Company Law - Winding Up - Consent Terms - Sections 433, 434, 439 Companies Act, 1956 - Petition for winding up under Companies Act, 1956 - Parties tendered consent terms duly signed by parties and advocates - Court took consent terms on record and marked 'X' for identification - In the event of admission, directed advertisement in Free Press Journal, Janmabhoomi and Maharashtra Government Gazette - Petitioner to deposit Rs.2,000/- with Prothonotary and Senior Master - Petition disposed of accordingly - No order as to costs (Para 1).

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Issue of Consideration

Whether the winding up petition should be admitted and advertised or disposed of by consent terms.

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Final Decision

Petition disposed of by consent terms. In the event of admission, directed advertisement in Free Press Journal, Janmabhoomi and Maharashtra Government Gazette. Petitioner to deposit Rs.2,000/- with Prothonotary and Senior Master. No order as to costs.

Law Points

  • Consent terms
  • Winding up petition
  • Disposal by consent
  • No order as to costs
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Case Details

2005 LawText (BOM) (03) 22

Company Petition No.254 of 2004

2005-03-17

S.U.Kamdar, J

Shri S.S.Shah i/b.S.N.Shah for the petitioners, Shri D.H.Mehta with Mr.N.G.Raut for the company

Herambh Steel P.Ltd.

Azofen P.Ltd.

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Nature of Litigation

Winding up petition under Companies Act, 1956

Remedy Sought

Winding up of the respondent company

Issues

Whether the petition should be admitted and advertised or disposed of by consent terms.

Submissions/Arguments

Both parties tendered consent terms duly signed by them and their advocates.

Ratio Decidendi

A winding up petition can be disposed of by consent terms agreed between the parties, with directions for advertisement and deposit of costs if admission is required.

Judgment Excerpts

Both the parties to the petition have tendered the consent terms duly signed by the parties and their advocates. The same is taken on record and marked 'X' for identification.

Procedural History

The petition was filed as Company Petition No.254 of 2004. On the date of hearing, both parties tendered consent terms. The court disposed of the petition accordingly.

Acts & Sections

  • Companies Act, 1956:
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High Court Bombay High Court Disposes Winding Up Petition by Consent Terms Under Companies Act, 1956. Parties Agreed to Settle Dispute, Court Orders Advertisement and Deposit of Rs.2,000/-.
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