Manidhari Trading Co v. Amber Joshi & ANR

#1,3,29

IN THE HIGH COURT OF DELHI AT NEW DELHI

* CONT.CAS(C) 346/2015 & CM APPL. 10513/2015 + ATUL JAIN Petitioner Through Mr. Asheesh Jain, Advocate.

Petitioner in person.

versus AMBER JOSHI& ANR Through Respondents Mr. R.K. Joshi with Mr. Dilraj Kumar, Advocates.

Respondent no. 1 in person.

WITH CONT.CAS(C) 349/2015 + KIRAN JAIN Petitioner Through Mr. Asheesh Jain, Advocate.

Petitioner in person.

versus AMBER JOSHI & ANR Through Respondents Mr. R.K. Joshi with Mr. Dilraj Kumar, Advocates.

Respondent no. 1 in person.

AND CONT.CAS(C) 460/2015 + MANIDHARI TRADING CO Petitioner Through Mr. Asheesh Jain, Advocate.

Page I of 3 By:AMULYA

versus AMBER JOSHI & ANR Through Respondents Mr. R.K. Joshi with Mr. Dilraj Kumar, Advocates.

Respondent no. 1 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

ORDER

% 02.07.2015 Present contempt petition has been filed alleging wilful disobedience of the orders dated 5^^ November, 2014 passed by the Company Court in Co. Pets. 327-329/2014, by virtue of which the two Directors of Keep In Touch Clothing Private Limited had assured and undertaken to the Company Court that post dated cheques under the Settlement Agreements would be honoured.

Admittedly, some of the cheques under the Settlement Agreements have been dishonoured due to 'insufficient funds'. Today in Court, learned counsel for the respondents has handed over to learned counsel for petitioner following three cheques in lieu of the dishonoured cheques

81. No.

Cheque No.

Dated Amount Bank 1.

355672 25/01/2016 5,13,473/- Axis Bank Ltd., Sector 62, Noida, U.P.

2.

355674 25/04/2016 5,13,473/- Axis Bank Ltd., Sector 62, Noida, U.P.

3.

355675 ism/im 5,13,473/- Axis Bank Ltd., Sector 62, Noida, U.P.

\ Learned counsel for the respondents on instruction of Mr. Amber Joshi, respondent no. 1 who is personally present in Court assures and undertakes to this Court that the aforesaid cheques are good for payment and the same shall be honoured on presentation.

Learned counsel for respondents also assures this Court that other post dated cheques handed over under the Settlement Agreement shall be honoured as and when they are presented for encashment. The statements made by learned counsel for respondents are accepted by this Court and respondents are held bound by the same. In view of the aforesaid, learned counsel for petitioners does not wish to press the present contempt petitions at this stage. Consequently, present petitions are disposed of as satisfied. However, petitioners are given liberty to seek revival of the petitions in the event cheques handed over under the Settlement Agreement are dishonoured. U MANlVin^HAN, J JULY 02,2015 m