CA No. 13/PB/2017
1.This is an application with a prayer for withdrawal of the CP No. 74(ND)/2013 on the ground that a memorandum of the settlement has been executed between the parties on 09.01.2017 (A1). The application is duly supported by the affidavit of Shri Vijay Kumar Agarwal, the sole petitioner and Director/Shareholder in respondent 1 company.
2.Notice of the application.
3.Learned counsel for the respondents - non applicant accepts notice and has conceded the factum of memorandum of settlement which has been duly signed by Respondents as well on 09.01.2017. Learned counsel have identified the signature of the respective parties on the memorandum of settlement.
4.In view of the above the application is allowed. The petition is dismissed as withdrawn in view of the memorandum of settlement dated 09.01.2017. It is needless to say that the parties shall abide by the terms and conditions.
5.Dismissed as withdrawn.
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Section Of The Companies Act 397/398 Of The Companies Act 1956 And 241/242 Of The Companies Act 2013 v. M/s. Aggarwal Marbles And Industries Pvt. Ltd. & Ors
Section Of The Companies Act 397/398 Of The Companies Act 1956 And 241/242 Of The Companies Act 2013 v. M/s. Aggarwal Marbles And Industries Pvt. Ltd. & Ors
(National Company Law Tribunal)
C.P. No. 74(ND)/2013 | 18-01-2017
Advocate List
Bench
- M.M. Kumar, President
- R. Varadharajan, Judicial Member)
Eq Citations
- LQ/NCLT/2017/103
Head Note
Incorporation and Associations — Company petition — Withdrawal of petition — Petition withdrawn in view of memorandum of settlement — Parties directed to abide by terms and conditions of settlement — Civil Procedure Code, 1908 — Or. 23 R. 1 — Limitation Act, 1963, S. 5
