*1* ca.227.11.cp.103.02.906.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION No.227 OF 2011 IN COMPANY PETITION NO.103 OF 2002 Majid Ahmedbhai Oomerbhoy and others. ..Petitioners -Versus- Rashid Sattar Oomerbhoy and others. ..Respondents -And- Court View Cooperative Housing Society Ltd. ..Applicant -And- The Official Liquidator and another. ..Respondents .......... Mr.Sharan Jagtiani a/w Mr.Bitosraj Baral i/b Kalpesh Joshi, for the Applicant. Mr.Jariwalla i/b T.Jariwalla & Associates, for the Petitioners. Mr.Shailesh Thakkar, for the Respondent No.2. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 16th September, 2011. P.C.: 1 The parties to the Company Application tendered the Minutes of Order duly signed by them and their Advocates. On behalf of the Applicants, the Minutes are signed by the Chairman, as also, the Advocate. As far as the Petitioner No.2 is concerned, it is signed by the Petitioner No.2 and by his Advocate. 2 The arrangement between the Applicants and the Petitioner No.2 is essentially recorded in the Minutes and it is agreed between the parties that this Company Application can be disposed of in terms of the Minutes. *2* ca.227.11.cp.103.02.906.sxw 3 The parties present in the Court confirm their signatures and state that the Minutes correctly record the arrangement as agreed between them. They submit that if the Minutes are taken on record and if any order is made in furtherance thereof, that would not contravene the provisions of the Companies Act, 1956 nor will, in any manner, affect the powers of the Liquidator in winding up the Company. Further, the Minutes are not contrary to the public policy inasmuch as the same are recorded on the basis of mutual negotiations between the parties and the officers of the cooperative housing society have agreed to the same in accordance with their bye laws. 4 For all these reasons, the Minutes of Order are taken on record and marked as “X” for identification. The Company Application is disposed of in terms of the Minutes of Order. The undertakings in clauses (2) and (4) of the Minutes are accepted as undertakings to this Court. No costs. (S.C. Dharmadhikari, J)