IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO. 14 OF 2007 IN COMPANY PETITION NO. 28 OF 2005 Subhash Lodha & Anr. .... Appellants (Orig. Petitionrs) VERSUS. Manikchand Promoters & Developers Pvt.Ltd & Ors. .... Respondents ------- Mr. K.Y.Mandlik a/w Mr. Yogesh Chawan and Mr. Hemant Oltikar i/b M/s. Legasis Partners for respondent nos. 4 to 6. Ashok Tejane for Applicant In 826 of 2007. Vishwajit Sawant for respondent no.1. Virag Tulzapurkar, Sr. Counsel, a/w Vineet Naik and H. N. Thakore i/b Thakore Jariwala & Associate for Applicant. Coram: A. M. Khanwilkar J. Date: 17.01.2008. P.C. 1. By consent of parties, the Appeal is taken up for final hearing forthwith. 2. By consent of parties, it is ordered that Ms. Price Waterhouse Cooper are appointed as Valuers for the valuation of the shares of the Appellant in Respondent No 1 Company, as on the date of the order passed by the Company Law Board, ie 10th January 2007. 3. It is further ordered that both the parties shall be at liberty to make all submissions and produce material before the Valuer on all aspects relating to the valuation and the Valuer shall consider the same. 4. The Valuer shall make a valuation of the shares of the Petitioner on or before 31st March 2008 of giving such assignment to him/them. The report be submitted before the Company Law Board, who in turn shall hear the parties on the issue of valuation and pass necessary order. 5. The Respondent nos. 2 to 6 or any of them shall purchase the shares of the Petitioner within 90 days from the date of the order of the Company Law Board. 6. Costs of the valuation shall be borne by the Appellant and the Respondents equally. 7. It is agreed between the parties that upon completion of purchase of shares in question, the appellants shall withdraw the proceedings instituted by them, being Special Civil Suit No. 863 of 2007 pending before the Civil Judge, Sr. Division, Pune and Company Petition No. 122 of 2006 pending before the Company Law Board. That Undertaking is accepted. 8. Appeal is disposed of in the above terms. 9. No order as to costs of the Appeal. (A. M. KHANWILKAR, J.) 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 495 OF 2007. IN COMPANY COMPANY COMPANY APPEAL NO. 14 OF 2007 APPEAL NO. 14 OF 2007 APPEAL NO. 14 OF 2007 Subhash Lodha & Anr. .... Applicants. VERSUS. Manikchand Promoters & Developers Pvt.Ltd & Ors. .... Respondents ------- Mr. Y. K. Mandlik a/w Mr. Yogesh Chawan and Mr. Hemant Oltikar i/b M/s. Legasis Partners for respondent nos. 4 to 6. Ashok Tejane for Applicant In 826 of 2007. Vishwajeet Sawant for respondent no.1. Virag Tulzapurkar, Sr. Counsel, a/w Vineet Naik and H. N. Thakore i/b Thakore Jariwala & Associate for Applicant. Coram: Coram: Coram: A. M. Khanwilkar J. A. M. Khanwilkar J. A. M. Khanwilkar J. Date: Date: Date: 17.01.2008. 17.01.2008. 17.01.2008. P.C. 1. As appeal is dipsosd of by a separate order, even this application is disposed of. However, it is placed on record that the respondents have agreed to hand over the photocopies of the documents referred to in the letter dated 12th June 2007, except document at serial No. (H). That will be done within two weeks from today. Besides, the respondents assure that whatever documents they propose to rely upon in relation to valuation of shares, copy of the respective documents will be made over to the appellants in advance so that the appellant can respond to the same and file appropriate submissions before the Valuer. Ordered accordingly. (A.M.KHANWILKEAR,J.) 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 826 OF 2007. IN COMPANY COMPANY COMPANY APPEAL NO. 14 OF 2007 APPEAL NO. 14 OF 2007 APPEAL NO. 14 OF 2007 Subhash Lodha & Anr. .... Applicants. VERSUS. Manikchand Promoters & Developers Pvt.Ltd & Ors. .... Respondents ------- Mr. Y. K. Mandlik a/w Mr. Yogesh Chawan and Mr. Hemant Oltikar i/b M/s. Legasis Partners for respondent nos. 4 to 6. Ashok Tejane for Applicant In 826 of 2007. Vishwajeet Sawant for respondent no.1. Virag Tulzapurkar, Sr. Counsel, a/w Vineet Naik and H. N. Thakore i/b Thakore Jariwala & Associate for Applicant. Coram: Coram: Coram: A. M. Khanwilkar J. A. M. Khanwilkar J. A. M. Khanwilkar J. Date: Date: Date: 17.01.2008. 17.01.2008. 17.01.2008. P.C. 1. As the appeal is dipsosd of, nothing survives in this applicaiton for consideration, it is also disposed of. (A.M.KHANWILKAR,J.)