Alfa Therm Limited v. A2z Infrastructure Limited

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 213/2014 ALFA THERM LIMITED ..... Petitioner Through:

Mr. Rahul Malhotra & Mr. Lalan Sinha, Advocates.

versus A2Z INFRASTRUCTURE LIMITED ..... Respondent Through:

Mr. Harish Malhotra, Sr. Advocate with Mr. Atul Kumar, Advocate and AR of respondent company in person.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 19.01.2017 Mr. Harish Malhotra, learned senior counsel appearing on behalf of the respondent company has handed over in court today two cheques bearing Nos.134441 and 134442 dated 05.02.2017 and 25.03.2017, in the sum of Rs.5,00,000/- and 1,24,00,000/-, respectively drawn on Union Bank to counsel appearing on behalf of the petitioner towards full and final settlement of the petitioner's claim.

Mr. Harish Malhotra, learned senior counsel, on instructions from Mr. Ankur Gupta, Authorised Representative of the respondent company, states that the aforesaid amount is towards full and final settlement of the petitioner's unpaid liability and assures that the aforesaid cheques shall be encashed on the due date of presentation.

Counsel appearing on behalf of the petitioner acknowledges the receipt of the said cheques, subject to enchasment thereof and seeks

leave to withdraw the petition with liberty to revive the petition in the event the cheques are dishonoured.

In view of the foregoing, the petition is dismissed as withdrawn and disposed of accordingly with liberty to the petitioner to revive the petition in the event the cheques are dishonoured. SIDDHARTH MRIDUL, J.

JANUARY 19, 2017 'AA'