Stichting Cordaid v. Nidan Microfinance Foundation

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Co. Pet. 966/2015 STICHTING CORDAID ..... Petitioner Through Mr. Robin Grover, Adv.

versus NIDAN MICROFINANCE FOUNDATION ..... Respondent Through Mr. Abhishek Sharma and Mr. Abhay Singh, Advs.

CORAM:

SH. DINESH KUMAR SHARMA, REGISTRAR GENERAL

O R D E R

% 02.04.2019 Learned counsel for the respondent is seeking further time to file response to the affidavit furnished by the petitioner on the ground that Shri. A. Singh, Director of the respondent/company is contesting Election and therefore, response could not be filed.

I consider that already sufficient opportunity have been given and no further opportunity can be given, particularly in view of the fact that vide order dated 06.04.2018 the Hon'ble Court has specifically directed to release the money in favour of the petitioner/company alongwith accumulated interest thereon, subject to compliance of the statutory regulation, if any. I have perused the affidavit filed by the petitioner/company. In the affidavit, the petitioner/company has specifically stated that no specific approval/permission is required from the Reserve Bank of India for remitting any amount to the petitioner/company.

At this stage, learned counsel for the respondent stated that in fact petitioner/company has been banned by the Indian Government and therefore, the money cannot be released.

I have perused the order dated 06.04.2018 passed by the Hon'ble Court. This plea does not find mentioned in the said order. At this stage, this plea cannot be taken and particularly after the direction of the Hon'ble Court. The Court of the Registrar General cannot go beyond the directions of the Hon'ble Court. In view of the above, Registrar (B&A) is directed to release the money to the petitioner in terms of order dated 06.04.2018 passed by the Hon'ble Court subject to the fulfilment of all statutory regulations and codal formalities. DINESH KUMAR SHARMA REGISTRAR GENERAL APRIL 2, 2019 ss