Star Boxes India Private v. Ag Aerovision Electronics
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 21ST DAY OF JUNE 2017 THE HON'BLE DR. JUSTICE S.VIMALA A. Nos.3164 and 2864 of 2017 in A.No. 8003 of 2015 A.No. 8003 of 2015 In the matter of the Arbitration & Conciliation Act, 1996 And In the matter of the Leave and License Agreement dated 25.05.2013 between M/s.Star Boxes India Private Limited and M/s.AG Aerovision Electronics Private Limited and Mr.Amarjit Singh.
Star Boxes India Private Limited Represented by its authorised signatory Mr.S.Sathyanarayanan : Applicant/Applicant Vs.
1. AG Aerovision Electronics Private Limited B-4/35, Safdarjung Enclave New Delhi - 110 029.
2. Mr.Amarjit Singh S/o. Mr.Jaswant Singh 34/37, Old Rajinder Nagar, New Delhi - 110060.
: Respondents/Respondents Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security to the extent of Rs 2,56,48,439/- (Two Crores Fifity Six Lakhs Forty Eight Thousand and Four Thirty Nine only) failing which to attach the assets more fully described under the Schedule hereunder.
A.No.3164 of 2017:
Star Boxes India Private Limited Represented by its authorised signatory Mr.G.Hari Hara Subramanian : Applicant/Applicant Vs.
1. AG Aerovision Electronics Private Limited B-4/35, Safdarjung Enclave New Delhi - 110 029.
2. Mr.Amarjit Singh S/o. Mr.Jaswant Singh 34/37, Old Rajinder Nagar, New Delhi - 110060.
: Respondents/Respondents Application praying that this Hon'ble Court be pleased to modify the order dated 24.04.2017 passed by this Hon'ble Court by including the assets of the 2nd Respondent more fully described in the schedule to the Judge's Summons in place of the assets mentioned in the Schedule to the order dated 24.04.2017 passed by this Hon'ble Court in A.No.8003 of 2015.
A.No.2864 of 2017:
In the matter of the Arbitration & Conciliation Act, 1996 And In the matter of the Leave and License Agreement dated 25.05.2013 between M/s.Star Boxes India Private Limited and M/s.AG Aerovision Electronics Private Limited and Mr.Amarjit Singh.
Mr.Amarjit Singh S/o. Mr.Jaswant Singh 34/37, Old Rajinder Nagar, New Delhi - 110060.
..Applicant/Respondent
Vs 1.Star Boxes India Private Limited : Respondent/Applicant
2. AG Aerovision Electronics Pvt Ltd., Through Dr.Ramesh Kumar, Deputy Official Liquidator/Provisional Liquidator, Office of the Official Liquidator, Attached to the Delhi High Court, 8th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003.
: Respondent/Respondent Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security to the extent of Rs.38 Crores (Rupees Thirty Eight Crores Only) This Application coming on this day before this court for hearing the court made the following order: This application (Application No.3164 of 2017) has been filed by the applicant seeking modification of the order dated 24.04.2017 passed by this Court, by including the assets of the 2nd respondent (described in the schedule to the Judges Summons) in the place of the assets mentioned in the schedule to the order dated 24.04.2017, passed by this Court in Application No.8003 of 2015.
2. This Court has directed the respondents not to alienate the property till 01.06.2017 by the Order dated 24.04.2017. The schedule of property mentioned in the
order is sought to be replaced by the schedule of properties as mentioned in the Judges Summons, which reads thus :
Immovables :
50 percent share in the House property situated at E-239, Greater Kailash - I, New Delhi - 110 048 (Ground Floor plus Basement) admeasuring 208 sq. yds.
Movables :
Shares in Intec India Ltd.
150 Nos.
Rs.1,500/- Investment in SBI PPF Rs.3,45,000/- Bank Balance in HDFC Bank, Kamal Cinema A/c.
No.50100020665004, dated 20.02.2017 Rs.17,666/- Bank balance in Axis Bank A/c.
No.911010035858464 as on 11.11.2016 Rs.3,04,684/- LIC Policy bearing No.331551607 Rs.24,75,000/- Rs.31,43,850/-
3. It is submitted that this order was passed not against 1st respondent, who is the company under liquidation and it was passed only as against the 2nd respondent. Thus, the description of the property did not depict the assets of the 2nd respondent. Hence, the modification is sought for.
4. Learned counsel appearing for the 2nd Respondent has no objection for the modification required. There cannot be any objection for that, as it has to be done in
accordance with the order passed already on 24.04.2017. It is ordered accordingly.
5. Application No.2864 of 2017 shall be listed before the learned Portfolio Judge, dealing with applications, on 03.07.2017, as per the request of learned counsel for both sides.
Sd/-S.V.J 21.06.2017 //Certified to be a true copy// Dated this the th day of 2017. EM/30.10.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.