M/S Omce Jordan v. Sudarshan Overseas Ltd & ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1719/2009 M/S OMCE JORDAN .....Plaintiff Through Mr. Tanvir Nayar, Adv.

versus SUDARSHAN OVERSEAS LTD & ORS .....Defendants Through Mr. Saif Mahmood, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 03.07.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 5135/2020 & I.A. No. 5136/2020 1.

Allowed, subject to the plaintiff curing the deficiencies referred to in the captioned applications within five days of the lockdown qua this Court being lifted.

I.A. 5134/2020 2.

This is an application whereby the applicant i.e. the original plaintiff seeks revival of the suit i.e. CS(OS) 1719/2009 filed in this Court. 3.

Since liquidation proceedings had commenced before the High Court of Judicature at Madras [hereafter referred to as the "Madras High Court"], the applicant/plaintiff had approached the Madras High Court for requisite leave.

CS(OS) 1719/2009 1/2 KUMAR RAI 07:49

4.

It is averred that vide order dated 20.03.2020, passed in O.S.A. No. 38/2019, the Madras High Court has granted leave to the applicant/plaintiff to continue with CS(OS) 1719/2009 with a caveat that it would, for the moment, finance litigation expenses of the Official Liquidator attached with the Madras High Court [in short "OL"] to the extent of Rs. 3 lakhs, for defending the proceedings in this Court.

4.1 This aspect emerges upon the perusal of paragraph 6 of the order dated 20.03.2020 passed by the Madras High Court. 5.

Accordingly, issue notice to the respondents, which includes the OL, via all modes including email.

6.

I may only note that Mr. Saif Mahmood has joined the proceedings. 6.1 Mr. Mahmood states that he appeared in the matter up-until 29.10.2015 for respondent No.2/defendant No.2. It is submitted by him that, presently, he has no fresh instructions in the matter insofar as respondent No.2/defendant No.2 is concerned.

7.

It would be helpful if the OL were to give his official bank account details so that Rs. 3 lakhs, towards litigation expenses [as noted by the Madras High Court in paragraph 6 of the order dated 20.03.2020], can be transmitted, electronically, to the said account. 8.

A copy of the order passed today will accompany the notice served on the OL.

9.

Renotify the matter on 28.07.2020.

RAJIV SHAKDHER, J JULY 03, 2020 pmc/KK Click here to check corrigendum, if any CS(OS) 1719/2009 2/2 KUMAR RAI 07:49