Whitefield Overseas Limited v. Khushi Agro Foods Products

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th July, 2024 + CM(M) 2855/2024 & CM APPL. 37142-37144/2024 & CM APPL. 38594-38595/2024 WHITEFIELD OVERSEAS LIMITED .....Petitioner Through:

Mr. Anoop Prakash Awasthi, Ms.

Prapti Singh & Ms. Parthvi Ahuja, Advocates versus KHUSHI AGRO FOODS PRODUCTS .....Respondent Through:

Mr. M.S. Khan, Advocate (Through VC)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 37143-37144/2024 & 38595/2024 (exemption) Exemption allowed subject to all just exceptions. CM(M) 2855/2024 & CM APPL. 37142/2024 & CM APPL. 38594/2024 1.

Mr. M.S. Khan, learned counsel for respondent has appeared through videoconferencing.

2.

Attention of the Court has been drawn towards order dated 24.05.2024 which records that the MD of the defendant company (petitioner herein) himself made a statement before the learned Trial Court that he was ready to deposit a sum of Rs. 30 lacs in the Court without prejudice to his rights and contentions and that he be given an opportunity to contest the case. 3.

In view of such specific statement made by him, the earlier order whereby the conditional leave had been granted, was modified and the CM(M) 2855/2024 1 By:SONIA THAPLIYAL 11:35:04

amount was reduced from Rs. 40 lacs to Rs. 30 lacs. 4.

During course of the consideration, Mr. Awasthi, learned counsel for the petitioner states, on instructions, that he does not press the present petition any further and it may be disposed of. He, however, states that petitioner may be granted a period of seven weeks from today to deposit the aforesaid amount of Rs. 30 lacs before the learned Trial Court. 5.

Present petition is accordingly disposed of as not pressed. Petitioner is granted seven weeks from today to deposit the above amount of Rs. 30 lacs before the learned Trial Court.

6.

Needless to say, all the rights and contentions of the parties are reserved.

(MANOJ JAIN) JUDGE JULY 11, 2024/dr CM(M) 2855/2024 2 By:SONIA THAPLIYAL 11:35:04