High Court of DelhiO.M.P./1286/2013

Reliance Capital Ltd v. Vishal And Associates & ANR

2016-11-09Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 14.

+ O.M.P. 1286/2013 RELIANCE CAPITAL LTD.

..... Petitioner Through:

Ms Priya Darshini Arora, Advocate.

versus VISHAL AND ASSOCIATES & ANR.

..... Respondents Through:

None.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 09.11.2016

1. This petition has been pending for three years. There is an interim order passed on 19th December, 2013 appointing a Receiver for the two hypothecated vehicles. Thereafter, the parties have gone before the Delhi High Court Mediation and Conciliation Centre, New Delhi and even a settlement agreement was arrived at before the Mediator on 10th April, 2015.

2. In the order dated 19th September, 2016 it was noticed that two of the three cheques that were issued by the Respondent pursuant to the settlement in favour of the Petitioner could not be encashed since one was dishonoured and the other was unsigned.

3. A direction had been passed to the Respondent to re-issue the two cheques. But none appears on behalf of the Respondent today.

4. It is informed by the learned counsel for Petitioner that even the cheques have not been re-issued.

5. Considering the fact that the learned counsel for the Petitioner is unable to inform this Court whether any Arbitrator has been appointed as of date, the Court permits the Petitioner to proceed to carry out the directions issued in the interim order dated 19th December, 2013.

6. No further directions are called for as far as present petition is concerned. It will be open to the Petitioner to seek further interim relief from the Arbitrator in accordance with law.

7. Order dasti.

S. MURALIDHAR, J NOVEMBER 09, 2016 M