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High Court of DelhiRFA/457/2017

M/S Cement Corporation Of India Ltd v. Mohan Singh

2017-09-19Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 457/2017 and C.M. Appl. 33261/2017 M/S CEMENT CORPORATION OF INDIA LTD ..... Appellant Through:

Mr. Manish Mohan, CGSC with Ms.

Shivangi Singh and Ms. Manisha Saroha, Advocates with Mr. Ajay Kumar, Company Secretary versus MOHAN SINGH ..... Respondent Through:

Ms. Shanta Devi Raman and Mr.

Arihant Jain, Advocates

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 19.09.2017 1.

Learned counsel for the appellant submits on instructions from Mr. Ajay Kumar, Company Secretary of the appellant, that the appellant regrets raising false claims before the Trial Court as well as this Court. Learned counsel further submits that the appellant has now streamlined the procedure for handling the legal cases.

Copy of the draft procedure sought to be incorporated is handed over and taken on record. Learned counsel for the appellant further submits that the appellant does not press this appeal and the pending application.

2.

The appeal and the pending application are dismissed. 3.

Learned counsel for the respondent seeks release of the decretal amount deposited by the appellant.

4.

Learned counsel for the appellant submits that the appellant inadvertently deposited the excess amount and without deducting the

amount already paid by the appellant to the respondent. 5.

Learned counsels for both the parties agree to sit together with their respective clients to calculate the decretal amount payable by the appellant to the respondent.

6.

List for directions with respect to the decretal amount to be released to the respondent on 25th September, 2017 at 02:30 p.m. 7.

Vide order dated 17th May, 2017, the Secretary, Ministry of Heavy Industries and Public Enterprises was directed to look into this matter. Let the status report be filed by Secretary, Ministry of Heavy Industries and Public Enterprises before the next date of hearing. 8.

Copy of this order be given dasti to counsels for the parties as well as learned Standing Counsel for Central Government under signatures of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 19, 2017 rsk