Datian W. Group (H.K.) Ltd. v. Nedlloyd Logistics Private Limited

$~CP-23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 367/2015 DATIAN W. GROUP (H.K.) LTD.

..... Petitioner Through Ms. Priyam Mehta, Adv.

versus NEDLLOYD LOGISTICS PRIVATE LIMITED ..... Respondent Through Mr.Tanuj Khurana, Adv. with Mr.Jaskaran Singh Narula, Adv.

Ms.Sangeeta Chandra, Adv. for Mr.D.Bhattacharya, Adv. for OL.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 20.12.2017 Co. Appl.2095/2017 This application is filed seeking condonation of delay of 9 days in filing the affidavit of undertaking in compliance of order dated 22.11.2017. The application is not opposed. The same is allowed. CO. PET.367/2015 On 22.11.2017 this court had noted that an amount of Rs.34 lakhs (approx.) stands deposited with the Registrar General of this Court. It also noted that the amount was to be remitted to the petitioner which is a company based in Hong Kong in US Dollars. The respondent has undertaken that it can legally transfer the funds to the petitioner in US Dollars as the invoices were raised by the petitioner on the respondent. This payment is towards full and final settlement of the petitioner.

Learned counsel for the respondent has filed an undertaking in compliance of the order of this court dated 22.11.2017 of Mrs.Sonia Bharal, the Director of the respondent Company undertaking to remit back the money being received from this court to the petitioner in US Dollars within two weeks of receipt of the money from this court. The respondent are bound by the said under taking.

In view of the above undertaking, the present petition stands disposed of. Needless to add, in the eventuality of any default committed by the respondent in transmitting the funds, the petitioner is granted liberty to take steps as per law including revival of the present petition. JAYANT NATH, J DECEMBER 20, 2017 rb