1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO. 2 OF 2010 IN COMPANY PETITION NO. 877 OF 2010 Liva HealthcareLimited .. Petitioner Versus Seasons Polymers Private Limited .. Respondent Mr. Karl Shroff i/by M/s Singhi & Co. for the petitioner Mr.Rajesh Shah i/by Rajesh Shah & Co. for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 3rd September, 2010 P.C.: 1. By this Review Petition, the Petitioner, Liva Health Care Limited, (the Respondent Company in Company Petition No. 877 of 2010) is seeking review/recall of the order dated 6 th May, 2010 passed in Company Petition No. 877 of 2010 to the extent that it holds that the findings/report of the Chartered Accountant shall be final and binding on the parties and that the parties shall not challenge the said report any further. The order dated 6 th May, 2010 was passed by consent of the parties including the Review Petitioner. 2. In paragraph 6 of the Review Petition, it is stated as follows: “Further it is submitted that, although the Petitioner herein has agreed to go before an independent chartered Accountant for carrying out a complete reconciliation of audited ledger accounts, the Petitioner herein 2 has not agreed or consented to the observation in the said order that “ the findings/report of the Chartered Accountant shall be final and binding on the parties and the parties shall not challenge the said report any further”...............” Interestingly, in the verification clause, it is declared by the deponent that the contents of paragraph 6 is based on his information and belief and he believes the same to be true. The deponent has not stated in his affidavit the source of his information and belief. 3. The said order dated 6 th May, 2010 was dictated in open Court with the active participation of the Advocates appearing for the Petitioner and the Respondent. Though the Review Petition is filed on 13 th May, 2010, the office objections were not removed upto 6 th July, 2010. Till date, the Review Petition is not served on the Respondent i.e. Seasons Polymers Pvt. Ltd. No application was made for stay of the proceedings before the Chartered Accountant who has already made his report dated 26 th July, 2010 directing the Review Petitioner to pay a sum of Rs. 5,34,574/- to the Respondent. In my view, the Review Petition is only a dishonest attempt on the part of the Review Petitioner and an after thought to wriggle out of the order dated 6 th May, 2010 passed by this Court by consent of the parties, only with a view to avoid making any payment to the Respondent. 4. In the light of the above, no case is made out for Review of the order dated 6 th May, 2010. Review Petition is therefore dismissed. (S. J. KATHAWALLA, J.)