1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Appeal No. 40 of 2009 In Company Petition No. 24 of 2009 With Company Application No. 772 of 2009 Company Appeal No. 45 of 2009 Rakesh M. Shah ..Appellant Vs. M/s Estelle Property Pvt.Ltd. & Ors. ..Respondents --- Mr. Arun Monga a/w Ms. Deepa Bajaj, for the Appellant. Mr. F. Divitre, Sr. counsel a/w Ms. Sanobar Nanavati i/b M/s Crowford Bayley & Co., for Respondent no.1. --- CORAM: S.J.KATHAWALLA J. DATED: 1 ST OCTOBER 2009 P.C.: 1. The company appeal is disposed of by the following orders passed by consent of the parties: i) The respondent no.1-company shall maintain status-quo qua the present shareholding of the company. ii) The petitioner as well as the respondents shall not dispose of any of the fixed assets of the respondent no.1 without obtaining permission of the Company Law Board. 2 iii)Parties shall proceed with the final hearing of company petition no.24/09 before the Company Law Board (Western region Bench) on 4.11.2009, and shall not seek time on any ground whatsoever on that day or on any subsequent days fixed for hearing. iv) Application no.772 of 2009 also stands disposed of. v) Since there is some confusion between the parties as regards the contents of the company petition filed before the Company Law Board and a copy thereof filed before this court, it is clarified that the parties will proceed with the hearing of the company petition before the Company Law Board on the basis of the contents of the petition which is filed before the Company Law Board. (S.J. KATHAWALLA, J.)