Rvr Infrastructure Ltd v. Sanjhi Exim Pvt Ltd

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 270/2016 RVR INFRASTRUCTURE LTD ..... Petitioner Through:

Mr. G.V.R. with Mr. Soumik Ghosal and Mr. Gaurav Singh, Advs versus SANJHI EXIM PVT LTD ..... Respondent Through:

Mr. Anurag Tomar with Mr. Ayush Negi and Mr. Permod Kumar, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 20.11.2018 I.A. No. 14547/2018 (Modification of order dated 27.09.2018) 1.

Without prejudice, counsel for the petitioner says that he has brought to the Court a Demand Draft in the sum of Rs. 10,00,000/-, dated 19.11.2018, drawn on IDBI Bank, bearing no. 005928. 2.

Furthermore, counsel for the applicant/petitioner says that a further sum of Rs. 10,00,000/- by way of a Demand Draft will be paid by tomorrow to the counsel for the non-applicant/respondent. 3.

Clearly, under the terms of settlement, as recorded by this Court on 27.09.2018, two instalments are due. The first instalment became due on 07.10.2018 and the other instalment became due on 07.11.2018. Each instalment amounts approximately to a sum of Rs. 37,00,000/-. O.M.P. (COMM) 270/2016

4.

Though the applicant/petitioner is in breach of the settlement, for the moment, the respondent is directed to accept the aforementioned Demand Draft without prejudice to its rights and contentions. 5.

Likewise, if any Demand Draft is handed over to the respondent by tomorrow, the same will be accepted without prejudice to its rights and contentions.

6.

Renotify the matter on 18.12.2018.

RAJIV SHAKDHER, J NOVEMBER 20, 2018 c O.M.P. (COMM) 270/2016