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High Court of DelhiRFA(OS)(COMM)/19/2017

S. Tech Info Pvt Ltd v. Lord Krishna Bank Ltd

2018-02-07Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$-30 and 31 '

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(OS)(COMM) 19/2017 S. TECH INFO PVT.LTD.

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Appellant Through Mr. Harpreet Singh and Mr. Rajesh Gupta, Advs.

versus LORD KRISHNA BANK LTD.

.....Respondent Through Mr. Ateen Mathur, Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.

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■ AND y + RFA(OS)(COMM) 20/2017 S TECH INFO PVT LTD.

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^ Appellant Through Mr. Ateen Mathur, Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.

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, versus LORD KRISHNA BANK LTD.

Respondent Through Mr. Ateen Mathur, Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

ORDER

% 07.02.2018 v . Learned counsel for the parties state that the appeals can be disposed of on the following consent terms:- ,i) The order and decree dated 26.04.2017 passed in eC No.191/2008 subject-matter of RFA(OS) (COMM) No.20/2017 would be partly modified as Lord Krishna Bank Limited has given up its right of interest prior to deposit of Rs.28,15,000/-, pursuant to the direction given by the Company Court. In other words, the said Bank would not be entitled to get interest @10% p.a. with effect from Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

01.06.2005 till the date of deposit. Secondly, direction to pay cost of counterclaim is modified. Cost is made easy. Parties would bear their own cost.

ii) Counsel for, Lord Krishna Bank Limited states that FDR of Rs.28,15,000/- along with interest has been encashed. The decree dated 26.04.2017, as modified by consent, therefore stands satisfied. iii)In view of the above order, learned counsel for the S. TECH INFO I PVT LTD. seeks permission to withdraw the RFA (OS) (COMM) 19/2017.

iv) Accordingly, RFA (OS) (COMM) 19/2017 is~ dismissed as withdrawn. Thus, appeal filed by the S. Techno Info Pvt. Ltd. against dismissal of CS (COMM) 313/2016 is dismissed as withdrawn.

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The appellant would be entitled to refund of court fee in terms of Section , 16A of the Court Fees Act, 1970 in appeals bearing RFA (OS) (COMM) Nos. 19/2017 and 20/2017.

The appeals are disposed of, in the above terms. # ■// SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 07, 2018/b