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Gujarat High Court · body

2016 DIGILAW 270 (GUJ)

Kunj Infra Developers Private Limited v. Ultra Tech Cement Limited

2016-02-05

VIPUL M.PANCHOLI

body2016
ORDER : 1. By way of this application, the applicant-original respondent company has requested to recall the order dated 1st October 2015 passed by this Court in Company Petition No. 241 of 2012, whereby this Court has ordered for winding up of the applicant-original respondent company and the Official Liquidator attached to this Court was appointed as liquidator of the said company with further direction to take possession of the assets and properties of the applicant - original respondent company. 2. Heard learned advocate Mr. Desai for the applicant and learned advocate Ms. Pandit for Mr. A.R. Gupta for the respondent. 3. Learned advocate for the applicant has pointed out that after the order dated 1st October 2015 is passed by this Court, the parties have settled the dispute out of the Court and settlement agreement was entered into on 7th December 2015. Pursuant to the said agreement, the applicant issued different cheques in favour of the present respondent. Today, when the matter is called out, learned advocate for the applicant further submitted that all the cheques which are issued in favour of the respondent are cleared. Learned advocate for the respondent-original petitioner confirmed the said statement and submitted that the present respondent has received the entire amount as per the settlement. Accordingly, both the learned advocates have jointly submitted that the order dated 1st October 2015 be recalled. 4. In view of the aforesaid facts and circumstances of the case, when the dispute is settled out of the Court between the parties and when the original petitioner company has received the entire amount, present application is allowed and order dated 1st October 2015 passed by this Court in Company Petition No. 241 of 2012 is recalled. At this stage, it is further clarified that if the Official Liquidator has taken over the possession of the assets and properties of the applicant company, the Official Liquidator is directed to handover the same to the applicant as the order of winding up has been recalled. 5. At this stage, learned advocate for the present respondent - original petitioner company requested that in view of the settlement arrived at between the parties, the original petitioner-present respondent be permitted to withdraw Company Petition No. 241 of 2012. 6. Permission as prayed for is granted. The petition is disposed of as withdrawn.