IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Co.Pet.No. 24 of 2008(I) ------------------------ PETITIONER: ------------------- M/S. BABY MARINE SARASS HAVING ITS REGISTERED OFFICE AT MAJALI, KARWAR, KARNATAKA, REPRESENTED BY ITS MANAGING PARTNER GEORGE K. NINAN BY ADV. MR.BECHU KURIAN THOMAS RESPONDENTS: ----------------------- 1. M/S. COCHIN MALABAR ESTATE AND INDUSTRIES LTD., HAVING ITS REGISTERED OFFICE AT 39/4946, NGO UNION OFFICE BUILDING, PALLIMUKKU, ERNAKULAM, KERALA PIN - 682016. 2. REGISTRAR OF COMPANIES COMPANY LAW BHAVAN, KAKKANAD, ERNAKULAM. 3. OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS. MR. DEVAN RAMACHANDRAN MR. ANEESH K.M. THIS COMPANY PETITION HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J ............................................... Company Petition No. 24 of 2008 ................................................. Dated this the 13th day of July, 2009 J U D G M E N T Parties submit that the matter has been settled by payment of amounts due to the petitioner. However, the learned counsel for the petitioner submits that this is subject to realisation of the cheque issued to him in settlement. In the above circumstances, the company petition is disposed of with the following direction: The company petition is dismissed as settled. However, if the cheque is not honoured, it would be open to the petitioner to file a petition to restore the company petition to file. S. SIRI JAGAN, JUDGE rhs