Sanjivani Credit Co-Operative Society Ltd v. Tulip Telecom Ltd

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2663/2013 SANJIVANI CREDIT CO-OPERATIVE SOCIETY LTD ..... Plaintiff Through Mr.Kumar Sumit with Mr.Anuj Bhushan and Mr.Abhigya, Advocates.

versus TULIP TELECOM LTD ..... Defendant Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.10.2018 Present suit has been filed for declaring the agreement dated 24th November, 2011 as cancelled and for recovery of Rs.24,26,600/- as the principal sum and Rs.8,73,500/- as the interest amount. Learned counsel for plaintiff states that a final liquidation order has been passed against the defendant company and the Official Liquidator has been appointed as the final liquidator. Learned counsel for the plaintiff further states that the plaintiff shall be filing its claims before the official liquidator shortly. In view of the above development, this Court is of the view that the present suit is no longer maintainable. The plaintiff is, however, given liberty to pursue its claim in the appropriate forum. The

original documents that may have been filed may be returned to the counsel for the plaintiff. The plaintiff is permitted to recover the Court fee deposited in this suit, as part of its claims. Consequently, present suit is disposed of in above terms. MANMOHAN, J OCTOBER 25, 2018 KA