Pasupati Fincap Ltd & ANR. v. Ganga Automobiles Ltd In Liquidation

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.APP. 53/2014 PASUPATI FINCAP LTD & ANR.

..... Appellants Represented by:

Mr.Navin Chawla & Mr.Aditya Vaibhav Singh, Advocates.

versus GANGA AUTOMOBILES LTD IN LIQUIDATION ..... Respondent Represented by:

Mr.Manish Bishnoi, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 02.02.2017 1.

With the consent of parties, noting that the learned Single Judge while passing the impugned order (which is just cryptic) has not considered the law laid down by the Supreme Court in the decision reported as (2013) 1 SCC 462 Jitendera Nath Singh vs. Official Liquidator & Ors, the appeal is disposed of setting aside the impugned order dated January 08, 2014. 2.

The Company Application No.386/2011 is restored before the learned Company Judge for adjudication afresh with the direction that the issues between the parties would be decided keeping in view the law declared by the Supreme Court in Jitendera Nath Singh case (supra). CO.APP. 53/2014

3.

No costs.

PRADEEP NANDRAJOG, J YOGESH KHANNA, J FEBRUARY 02, 2017 M CO.APP. 53/2014