Scb v. India Internatinal

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 251/2014 SCB ..... Petitioner Through Ms. Jasvin Dhama, Advocate.

versus INDIA INTERNATINAL ..... Respondent Through Mr. Rajiv Bahl, Advocate for O.L.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 14.07.2016 Steps for serving the respondent in terms of the order passed on 05.04.2016 have not been taken.

Counsel for Official Liquidator, who happens to be present, states that this Court has appointed a Provisional Liquidator in C.P. No.193/2013 on 19.02.2016.

Counsel for the petitioner submits that she does not wish to press this petition in the present form, and seeks to withdraw the same while reserving the petitioner's right to move an appropriate application under Rule 101 of the Companies (Court) Rules 1959 in respect to the petitioner's claim; and to take further steps as the petitioner may be advised. She is permitted to do so.

At the same time, the petitioner may also send an intimation of the debt claimed in the instant petition to the Official Liquidator for his records;

whilst making it clear that any such communication shall not amount to the filing of a formal claim by the petitioning creditor before the Official Liquidator; which claim may only be filed if and when claims are formally invited by the Official Liquidator in terms of the relevant Rules.

The petition is dismissed on the aforesaid terms. SUDERSHAN KUMAR MISRA, J JULY 14, 2016 dr