1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY APPEAL NO.91 OF 2009 IN COMPANY APPLICATION NO.423 OF 2009 IN COMPANY PETITION NO.121 OF 2007 WITH COMPANY APPLICATION NO.1149 OF 2009 Yogesh Mehra and others ..Appellants. Vs. Enercon (India) Limited and others ..Respondents. .... Mr. Nikhil Sakhardande with Mr. Triyambak Kaunan and Ms Ashni Roy i/b AZB & Partners for the Appellants. Mr. Iqbal Chagla, Senior Advocate with Mr. Zubin Behramkamdin i/b Bharucha & Partners for Respondents 2, 30 and 31. .... CORAM: DR. D.Y. CHANDRACHUD, J. 27th November, 2009. P.C. : 1. At the hearing of the Appeal under Section 10-F of the Companies Act, 1956 counsel appearing on behalf of the Appellants has stated on instructions that the Appellants shall furnish to the Second Respondent all the information as directed in the orders of the 2 Company Law Board dated 6th April, 2009 and 28th April, 2009 and that all information that has been supplied by the Appellants to Deloitte Haskins & Sells shall be furnished to the Second Respondent within a period of two weeks from today subject to an undertaking being filed by the Second Respondent before the Company Law Board as stated in paragraph 2 of this order. 2. The Second Respondent shall within a period of two weeks from today file before the Company Law Board an undertaking stating that (i) the information furnished by the Appellants shall not be used for any purpose other than for the purpose of valuation or for the purpose of the proceedings before the Company Law Board; and (ii) the Second Respondent shall not utilize the information furnished for engaging in any correspondence with any third party, save and except for the valuers and the auditors of the Second Respondent. 3. Counsel appearing on behalf of the contesting parties have assured the Court that they shall co-operate in all respects in 3 facilitating the process of valuation by Ernst and Young and all outstanding issues for the resolution of the mandate to be given to the valuers shall be amicably resolved between the advocates appearing on behalf of the parties expeditiously. 4. In view of the understanding which has been arrived at between the parties as reflected in the aforesaid terms, no further directions are sought or are necessary in the Appeal. The Appeal shall accordingly stand disposed of. Company Application 1149 of 2009 shall stand disposed of since it will not survive in view of this order. *****