Jmc Projects (India) Limited vs The Official Liquidator High Court ... on 18 January, 2019

[Cites 1, Cited by 0]

Bombay High Court

Jmc Projects (India) Limited vs The Official Liquidator High Court ... on 18 January, 2019

Bench: S.J. Kathawalla

     Nitin                                   1 / 2                 926-CA-628-2018.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                      COMPANY APPLICATION NO. 628 OF 2018
                                            IN
                          COMPANY PETITION NO. 863 OF 2015
JMC Projects (India) Ltd.                         ...      Applicant
IN THE MATTER OF
Beumer Technology India Pvt. Ltd.                 ...      Petitioner
Versus
The OL of ABG Cement Ltd.
(now known as Vadraj Cement Ltd. )                ...      Respondent


Ms.Swati Deshpande I/b. MDP and Partners for the Applicant.
Mr.Ashish Rao a/w. Mr.Durgaprasad Poojari I/b. Prompt Legal for Ex-Director of the
Company (in liquidation).
Mr. Mahendhar Aithe - Company Prosecutor, present.
Mr.U.P. Sharma - Ex-Director present in person.


                                       CORAM :    S.J. KATHAWALLA, J.

                                       DATED :    18TH JANUARY,2019

P.C.:

1. Perused the above Company Application and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the above Company Application, the Company Application is allowed in terms of prayer clause (a), which is reproduced hereunder :

"(a) That this Court be pleased to pass an order to grant the leave to continue with the arbitration proceedings against the Respondent i.e. ::: Uploaded on - 19/01/2019 ::: Downloaded on - 20/01/2019 01:44:02 ::: Nitin 2 / 2 926-CA-628-2018.doc ABG Cement Limited (now known as Vadraj Cement Limited) under the Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal comprising of the sole Arbitrator - Mr. Minoo Siodia."

2. The Ex-Director of the Company (in liquidation) and the Advocate appointed by him, shall attend to the arbitration proceedings.

3. The cost of arbitration shall be borne by the Applicant and the Ex-Director of the Company (in liquidation) as follows :

i.            75% fees shall be paid by the Applicant.

ii.           25% fees shall be paid by Shivris Resources Private Limited on behalf of the

Company (in liquidation).

4. Place Company Application (L) No. 646 of 2018 for hearing on 24 th January, 2019.

5. The above Company Application is accordingly disposed off.

( S.J.KATHAWALLA, J. ) ::: Uploaded on - 19/01/2019 ::: Downloaded on - 20/01/2019 01:44:02 :::

Unlock Advanced Research with PRISMAI

Bombay High Court