(Per : HONOURABLE MR.JUSTICE V. M.
SAHAI) Heard learned counsel Mr.R.S.Sanjanwala assisted by learned advocate Mr.Dilip Kanojiya for the applicant, learned counsel Mr.Shalin Mehta assisted by learned advocate Ms.Vidhi J.Bhatt for the respondent No.1, learned counsel Mr.J.S.Yadav for the respondent No.2 and learned counsel Mr.Dipen Desai for the respondent No.3. Learned counsel Mr.R.S.Sanjanwala states that he has instructions to conduct the matter on behalf of learned counsel Mr.Maulik Nanavati as today he has filed leave note.
Learned counsel Mr.R.S.Sanjanwala has handed over a Bank Draft bearing No.000789 of Rs.38,99,000/- (Rupees Thirty Eight Lakh Ninety Nine Thousand only) dated 1.5.2012 to learned advocate Ms.Vidhi J.Bhatt appearing for the respondent No.1 towards the admitted claim as stated in the affidavit filed in Company Petition No.25 of 2011. Learned counsel Ms.Vidhi J.Bhatt appearing for the respondent No.1 has accepted the said amount. In this view of the matter, the application deserves to be allowed.
With the consent of learned counsel for the parties and in view of the development subsequent to the dismissal of appeal, the present application is allowed and our order dated 18.4.2012 dismissing the O.J.Appeal No.65 of 2011 is recalled. The O.J.Appeal No.65 of 2011 is therefore revived and the same is heard today with the consent of the learned advocates appearing for the parties. The application accordingly allowed with no order as to costs.
(V.M.