Nitya Electrocontrols Pvt. Ltd. v. Unique Engineers Private Ltd.

$~CP-86 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 896/2016 NITYA ELECTROCONTROLS PVT. LTD...... Petitioner Through Mr. Rajesh Banati, Adv.

versus UNIQUE ENGINEERS PRIVATE LTD.

..... Respondent Through Mr.P.K.Singh, Mr.Utkarsh Singh and Md. Ziauddin, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 14.03.2018 On 04.08.2017 this court had admitted the present petition noting that a sum of Rs.27,67,897/- was outstanding and payable by the respondent. This court however given one opportunity to the respondent Company to pay the amount found due along with interest @ 8% per annum w.e.f. 14.08.2016 when the statutory notice was served. The respondent went up in appeal against the said order before the Division bench being Co. Appeal No. 11/2017 which was disposed of on 15.02.2018. While disposing of the appeal, the Division Bench has noted the submissions of the learned counsel for the respondent that they are ready to comply with the directions of the learned Single Judge dated 04.08.2017. A cheque of Rs.7,97,182/- was handed over to the petitioner. A sum of Rs. 22,05,493/- was deposited with the Registrar General of this court. The Division Bench noted that the

appellant/respondent has made the payment within time in compliance of the impugned order dated 04.08.2017 and directed that the citation be not published and the direction for appointment of the Provisional Liquidator be cancelled. Liberty was granted to the petitioner to withdraw the amount as stated therein.

It is manifest from the above order of the Division Bench that nothing further survives in the present matter.

The Registry may forthwith release the amount deposited by the respondent along with accumulated interest to the petitioner Petition stands disposed of.

JAYANT NATH, J MARCH 14, 2018 rb