Mr. Amit Goyal v. M/S Adel Landmarks Limited

$~CP-1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO. PET. 610/2014 & CA Nos. 1321/2016, 2808/2016 MR.AMIT GOYAL ..... Petitioner Through Mr.A.S.Anand, Adv.

versus M/S ADEL LANDMARKS LTD.

..... Respondent Through Mr.Manoj K.Singh, Mr. Nilava Bandyopdhyay and Ms.Bornali Roy, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 03.01.2018 Learned counsel for the petitioner on instructions from the petitionerMr.Amit Goyal, who is present in person, states that as per the original settlement the petitioner were to receive cheques of Rs. 1,72,50,240/-. These cheques were returned unpaid.

He has however now been paid Rs.1,28,74,224/-. Hence, he submits that the balance amount remains payable to the petitioner.

Learned counsel for the respondent on instructions further states that without prejudice to his rights and contentions including his rights and contentions in the suit which has been filed by the petitioner, he will pay the balance amount within four months from today for the purpose of settling the present company petition.

At this stage, learned counsel for the petitioner also points out that a sum of Rs.4,23,360/- had been deducted by the respondent as TDS for which

no TDS appears to have been deposited.

Learned counsel for the respondent on instructions assures that either the TDS would be deposited or alternatively, the payment would be made to the petitioner within the above stated period of four months. In view of the above, learned counsel for the petitioner seeks to withdraw the petition.

Petition is dismissed as withdrawn.

In case there is any default on the part of the respondent, liberty is granted to the petitioner to take steps as per law including revival of the present winding up petition. All pending applications also stand dismissed. JAYANT NATH, J JANUARY 03, 2018 rb