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OJA/18/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL
NO. 18 OF 2007
IN
COMPANY
PETITION NO. 153 OF 2005
=========================================================
SHRI
PATEL KANIYALAL H. KUNJBIHARI
AND
OTHERS - Appellants
Versus
ELECTRON
COLOUR CHEM PVT. LTD. AND ANOTHER - Opponents
=========================================================
Appearance
:
MR
AMAR N BHATT for the
Appellants.
MR HARDIK C RAWAL for Opponent : 1.
OFFICIAL
LIQUIDATOR for Opponent :
2.
=========================================================
CORAM
:
HONOURABLE
MR. JUSTICE B.J.SHETHNA
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/02/2007
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE B.J.SHETHNA)
1. Heard
Shri Amar Bhatt for the appellants and Shri Hardik Raval for the main
contesting respondent No. 1. It is stated at the Bar by the learned
Counsel for the parties that the parties have settled their disputes
outside the Court and, therefore, in terms of the consent arrived at
between the parties, the order passed by the learned Company Judge on
15-09-2006 in Company Petition No. 153 of 2005 be quashed and set
aside and the appeal be allowed accordingly.
2. In
view of the above, the consent terms is ordered to be placed on
record and the order of winding up passed by the learned Company
Judge on 15-09-2006 in Company Petition No. 153 of 2005 is hereby
quashed and set aside. Appeal is allowed accordingly. The resultant
effect is that the possession taken over by the Official Liquidator,
in pursuance of the order passed by the learned Company Judge, has to
be restored back to the appellants. Therefore, the Official
Liquidator is directed to hand-over the possession to the appellants.
[B.
J. SHETHNA, J.]
[H.
B. ANTANI, J.]
/shamnath
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