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High Court of DelhiCO.PET./477/2013

Hbd Packaging Pvt Ltd v. Global Fragrances Pvt Ltd

2018-12-06Hon'Ble Mr. Justice Jayant Nath2 pages

$~CP-18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 477/2013 HBD PACKAGING PVT LTD ..... Petitioner Through Mr.K.G.Gopalakrishnan, Adv.

versus GLOBAL FRAGRANCES PVT LTD ..... Respondent Through Mr.Shubhendu Bhattacharya, Adv.

for Mr.Kunal Sharma, Adv. for Official Liquidator Mr.Arihant Jain, Adv. for Mr.Pradeep Kr.Khatana, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 06.12.2018 CA 710/2018 This application is filed by the respondent to give directions to the petitioner to accept the amount tendered and to pass an order giving directions to the petitioner to withdraw the main petition and all proceedings. The case of the applicant/respondent was that the concerned person did not apprise the management of the pendency of the present petition. Hence, the matter could not be defended. The respondent had submitted that they were ready and willing to pay the dues of the petitioner. This court had on 1.6.2018 directed the respondent to deposit a sum of Rs.4 lacs with the Registrar General of this Court. The said sum has been deposited.

Learned counsel appearing for the petitioner states that there is a decree passed in favour of the petitioner and against the respondent for a sum above Rs.5 lacs plus interest. The principal amount claimed in the present case was for the invoice of Rs.3,18,659/-. Let the amount of

Rs.4,00,000/- be released to the petitioner. Liberty is granted to the petitioner to take steps for execution and recovery of the balance decretal amount.

Present petition stands disposed of. The order appointing the Official Liquidator as the Provisional Liquidator is recalled. JAYANT NATH, J DECEMBER 06, 2018 n