1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2013 OF 2009 IN APPEAL LODG.NO. 335 OF 2009 IN COMPANY PETITION NO. 428 OF 2001 Telecon Electric Industries Ltd. ..Appellant Vs. Industrial Instruments Corporation ..Respondents WITH NOTICE OF MOTION NO.2014 OF 2009 IN APPEAL LODG.NO. 332 OF 2009 IN COMPANY PETITION NO. 426 OF 2001 Telecon Electric Industries Ltd. ..Appellant Vs. Central Electricals and Electronics ..Respondent WITH NOTICE OF MOTION NO. 2015 OF 2009 IN APPEAL LDOG.NO. 334 OF 2009 IN COMPANY PETITION NO.427 OF 2001 Telecon Electric Industries Ltd. ..Appellant Vs. Central Electricals and Electronics Pvt. Ltd. ..Respondents 2 .... Mr.J.A.Udaipuri i/b M/s.Udaipuri and Co. for Appellant Ms.Neeta Parikh for Respondents Mrs.A.S.Pai for Official Liquidator .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 25th JANUARY, 2010 P.C.: 1. These three Motions have been taken out in Company Appeal Lodging Nos. 335, 332 and 334 of 2009. The Company Petition Nos. 426, 427 and 428 of 2001 came to be decided by the common order dated 24th November, 2008 and the appellant-Company was ordered to be wound up with immediate effect. The Official Liquidator was directed to take necessary steps with regard to the assets of the Company. We are informed by Mrs. Pai, the learned counsel appearing for the Official Liquidator that publications are required to be made for which the appellant will have to bear the costs. 2. The learned counsel for the appellant-Company had sought time for an amicable settlement with the original Petitioners/Creditors and such a settlement has been arrived at. The settlement terms have been reduced in writing and they are placed before us in the form of 3 “Minutes of the Order ” duly signed by both the parties along with their learned advocates. The parties are present before us and they have stated that they have gone through the Minutes of the Order, understood the same and found them to be just, proper and reasonable. The Minutes of the Order are marked as Annexure-X for identification in each of the appeals. The respective creditors have received their due emoluments and therefore, the learned counsel for the parties pray for disposal of the appeals as well as the Company Petitions in terms of the consent terms. 3. Order accordingly. Appeals, Notices of Motion as well as the Company Petitions are disposed off in terms of the consent terms. 4. We have also noted the undertaking made by Shri.Udaipuri, the learned counsel for the appellant-Company that the costs to be incurred by the Official Liquidator shall be reimbursed by the appellant-company. 5. The appellant in all these appeals shall issue advertisement in Free Press Journal and Loksatta advertising that the matters have been settled and the order of widening up of the respondent-company passed on 24/11/2008 in Company Petition Nos. 426, 427 and 428 of 2001 shall stand set aside after a period of two weeks if no claims are received by the Official Liquidator from the creditors of the respondent 4 within a period of 14 days from the date of advertisement. In addition, the appellant – company to reimburse to the Official Liquidator towards the costs/charges and expenses, if any, already incurred. 6. Parties to bear their own costs. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]