1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION COMPANY COMPANY COMPANY PETITION PETITION PETITION NO.1291 OF 1999 NO.1291 OF 1999 NO.1291 OF 1999 M/s M/s M/s S.Kamal & Co S.Kamal & Co S.Kamal & Co ...... Petitioner Petitioner Petitioner vs vs vs M/s M/s M/s Piramal Piramal Piramal Spinning & Weaving Spinning & Weaving Spinning & Weaving Mills Mills Mills Ltd Ltd Ltd ...... Respondent Respondent Respondent with with with COMPANY COMPANY COMPANY PETITION NO. 1292 OF 1999 PETITION NO. 1292 OF 1999 PETITION NO. 1292 OF 1999 M/s M/s M/s Mirachem Mirachem Mirachem Industries ... Petitioner Industries ... Petitioner Industries ... Petitioner vs vs vs M/s M/s M/s Piramal Piramal Piramal Spinning & Weaving Spinning & Weaving Spinning & Weaving Mills Mills Mills Ltd Ltd Ltd ......... Respondent Respondent Respondent with with with COMPANY COMPANY COMPANY PETITION NO. 1293 OF 1999 PETITION NO. 1293 OF 1999 PETITION NO. 1293 OF 1999 Anil Anil Anil K.Murarka K.Murarka K.Murarka ...... Petitioner Petitioner Petitioner vs vs vs M/s M/s M/s Piramal Piramal Piramal Spinning & Weaving Spinning & Weaving Spinning & Weaving Mills Mills Mills Ltd Ltd Ltd ...... Respondent Respondent Respondent .... .... .... Mr.Sanaya Mr.Sanaya Mr.Sanaya Dadachanji Dadachanji Dadachanji i.b Manilal Kher Ambalal & Co i.b Manilal Kher Ambalal & Co i.b Manilal Kher Ambalal & Co for for for Petitioner Petitioner Petitioner Mr.Ramesh Mr.Ramesh Mr.Ramesh Dhanuka Dhanuka Dhanuka i.b Ms Anita Dhanuka for i.b Ms Anita Dhanuka for i.b Ms Anita Dhanuka for for for for Respondent Respondent Respondent CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1.1.1. As the petitioners in all the three petitions As the petitioners in all the three petitions As the petitioners in all the three petitions are are are willing to accept the amount payable to them willing to accept the amount payable to them willing to accept the amount payable to them under under under the sanctioned scheme, nothing survives for the sanctioned scheme, nothing survives for the sanctioned scheme, nothing survives for consideration consideration consideration in these petitions. The petitioners in these petitions. The petitioners in these petitions. The petitioners will will will be free to revive the concerned petition be free to revive the concerned petition be free to revive the concerned petition in the the the event the respondent company whose name has event the respondent company whose name has event the respondent company whose name has been been been now changed to Marathon Nextgen Realty Ltd now changed to Marathon Nextgen Realty Ltd now changed to Marathon Nextgen Realty Ltd 2 fails fails fails to pay the amount as per the sanctioned to pay the amount as per the sanctioned to pay the amount as per the sanctioned scheme. scheme. scheme. That request will be considered on its own That request will be considered on its own That request will be considered on its own merits. merits. merits. Disposed Disposed Disposed off in above terms. off in above terms. off in above terms. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)