Gujarat High Court
Esma vs Saurashtra on 6 May, 2010
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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COMP/62/1986 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 62 of 1986
With
COMPANY
APPLICATION No. 57 of 1986
In
COMPANY PETITION No. 62 of 1986
With
COMPANY
APPLICATION No. 86 of 1986
In
COMPANY PETITION No. 62 of 1986
With
COMPANY
APPLICATION No. 4 of 1992
In
COMPANY PETITION No. 62 of 1986
With
COMPANY
APPLICATION No. 875 of 1993
In
COMPANY PETITION No. 62 of 1986
With
COMPANY
APPLICATION No. 767 of 1993
In
COMPANY PETITION No. 62 of 1986
=========================================================
ESMA
INDUSTRIES PVT LTD - Petitioner(s)
Versus
SAURASHTRA
CEMENT & CHEMICAL INDUSTRIES LIMITED & 19 - Respondent(s)
=========================================================
Appearance
:
MR
PRASHANT G DESAI for
Petitioner(s) : 1,
MR BH CHHATRAPATI for Respondent(s) : 1,
3,
None for Respondent(s) : 2,4 -
20.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/05/2010
ORAL
ORDER
Mr.Prashant G. Desai, learned senior advocate appearing on behalf of the petitioner has placed on record consent terms arrived at between the parties before the mediator dtd.20/2/2010. The said consent terms is directed to be taken on record. In view of the above, Mr.Prashant G. Desai, learned senior advocate appearing on behalf of the petitioner seeks permission to withdraw the main petition being Company Petition No.62 of 1986 to which Mr.Chhatrapati, learned advocate for the contesting respondent has no objection.
Accordingly and in view of the above, Company Petition No.62 of 1986 is dismissed as withdrawn. However, it is observed and made clear that this Court has not entered into the merits of the Company Petition and/or the allegations of mismanagement etc. made in the Company Petition No.62 of 1986 and/or with respect to the consent terms arrived between the parties, on the basis of which the petitioner has withdrawn the present Company Petition. It is also made clear that this Court has not expressed anything on merits with respect to any transaction between the parties present and/or future (pursuant to the consent terms arrived at between the parties).
As the Company Petition No.62 of 1986 is withdrawn, Company Application Nos.57/1986, 86/1986, 4/1992, 875/1993 and 767/1993 are hereby dismissed as withdrawn. Interim relief / direction, if any, granted in the aforesaid Company Applications stand vacated forthwith without expressing anything with respect to the consequences, if any, pursuant to the interim relief/directions issued by this Court in any of the aforesaid Company Applications. Present Company Petition and the respective Company Applications are dismissed as withdrawn with above observations. No costs.
[M.R. SHAH, J.] rafik Top