THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR OSAMP NO. 522 OF 2011 AND OSA NO. 8 OF 2009 DT. 18.7.2011 Between: M/s. Rayalaseema Mills Limited … Petitioner And M/s. Jumgo Cotton Enterprises, Secunderabad … Respondent Counsel for the Petitioner: Sri V Hari Haran Counsel for respondent: Sri G Anandam The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR OSAMP NO. 522 OF 2011 AND OSA NO. 8 OF 2009 JUDGMENT: (Per Sri V Eswaraiah,J) The appellant herein is respondent in Company Petition No. 143 of 2002 on the file of the Company Court, who filed the present appeal against the order dated 2.4.2009 allowing the Company Petition ordering winding up of the appellant company. The operative portion of the order under appeal passed by the learned single Judge reads as under; “….For all the aforesaid reasons, the respondent company is not able to pay and clear all its debts and hence it deserves to be wound up. Let the company viz., M/s. The Rayalaseema Mills Limited, Rayanagar At Adoni, Kurnool District be would up. The applicant to notify this fact by way of publication in Indian Express, Andhra Jyothi newspapers having circulation at Kurnool District. Company Petition is allowed. No costs. Let the petitioner, in terms of Section 445 of the Companies Act, lodge a certified copy of this order with the Registrar of Companies, within 30 days from the date on which it was so made available by the Registry of this Court so as to enable the Registrar to make a minute thereof in his books relating to the company.” During the pendency of the present appeal, both the parties have entered into a compromise and the appellant filed a petition in OSAMP No. 522 of 2011 under Order XIII Rule III of CPC to record the compromise effected in memorandum of compromise dated 28.4.2011. A copy of the memorandum of compromise/settlement deed dated 28.4.2011 singed by both the parties and their respective counsel, is filed along with OSAMP No. 522 of 2011. Today when the matter is taken up, the representatives of both the appellant and the respondent company were present in the Court and admitted the memorandum of compromise/settlement deed dated 28.4.2011. Heard the learned counsel for appellant and the learned counsel for respondent. In the circumstances, the appeal in OSA No.8 of 2009 is disposed of in terms of the memorandum of compromise/settlement deed dated 28.4.2011. However, it is made clear that the settlement dated 28.4.2011 is executable only insofar as the rights and claims of the parties to the appeal i.e., appellant and respondent is concerned, without affecting the rights of third parties who are not parties to the present proceedings. No costs. _____________ V.ESWARAIAH,J __________________ B CHANDRA KUMAR,J DT. 18.7.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE SRI JUSTICE B CHANDRA KUMAR OSAMP NO. 522 OF 2011 AND OSA NO. 8 OF 2009 DATE: 18.7.2011