JEENA & CO Vs. BELGIUM ALUMINIUM AND GLASS INDUSTRIES PVT LTD

LAWS(NCLT)-2017-12-361

NATIONAL COMPANY LAW TRIBUNAL

Decided on December 12,2017

Jeena And Co Appellant

VERSUS

BELGIUM ALUMINIUM AND GLASS INDUSTRIES PVT LTD Respondents

JUDGEMENT

- (1.) Tcp No. 459/ I&BP/NCLT/MB/MAH/2017 On the withdrawal memo filed by the Petitioner, this Petition is dismissed as withdrawn. APPLICATION FOR WITHDRAWAL OF THE COMPANY PETITION 1. The Parties herein have entered into a settlement with the Respondent in the manner more particularly described in the captioned Company Petition and pursuant thereto, the Petitioner was entitled to recover from the Respondent a sum of Rs. 4,16,044/- (Rupees Four Lakhs Sixteen Thousand Forty Four only) . 2. Pursuant to the filling of the captioned Petition by the Petitioner herein, the Respondent has agreed to make payment of Rs. 5,16,044/- (Rupees Five Lakhs Sixteen Thousand Fourty Four only) vide Demand Draft No. 809556 dated 07.12.2017 drawn on Corporation Bank as full and final settlement of the above claim of Petitioner . Accordingly, the Petitioner states that as on date, there is no amount due and payable by the Respondent to the Petitioner. 3. In view of the aforementioned facts and circumstances, vide the present application; the Petitioner herein seeks to withdraw the captioned Petition filed under the aforementioned provisions. Dated this of December, 11 th days 2017 AFFIDAVIT IN SUPPORT OF THE WITHDRAWAL APPLICATION I. Hoshidar Khajotia aged about 53 years, Authorised Signatory having office at 1st Floor, Elphinstone Building,10, Veer Nan man Road, Fort, Mumbai 400 001, do hereby solemnly affirm and state as under:- 1. I am an Authorised Signatory of Jeena and Co., and duly authorized by the said Applicant Company to make this affidavit on its behalf. 2. The statements made in Withdrawal Application are true to the best of my own knowledge and based on information and I believe the same to be true. Solemnly affirmed at Mumbai ) Dated this 11 day of December, 2017 );

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