High Court of DelhiCO.APP./14/2017

Smc Global Securities Ltd Through Its Ar v. Giriraj Ratan Daga & ORS.

2017-11-28Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Ms. Justice Prathiba M. Singh1 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.APP. 14/2017 SMC GLOBAL SECURITIES LTD THROUGH ITS AR..Appellant Through Mr. Suman Kumar, AR.

versus GIRIRAJ RATAN DAGA & ORS.

..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH

O R D E R

% 28.11.2017 It is apparent that the respondent company is unable to pay its debt as is clear from the assertions made by the appellant, who is also a creditor. It is always open to the appellant to point out alleged acts of misfeasance and malfeasance by the Directors before the Company Court by way of an application. The appellant is also entitled to, if required and necessary, obtain permission/approval of the Company Court for continuation of proceedings.

In view of the aforesaid observations, the appellant seeks permission to withdraw the present appeal and states that he would raise contentions and issues before the Company Court. The appeal is accordingly dismissed as withdrawn.

SANJIV KHANNA, J.

NOVEMBER 28, 2017/NA PRATHIBA M. SINGH, J.