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Delhi High Court - Orders

M/S. Nulon India Ltd vs Ishwar Industries Ltd on 10 February, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed
                                                          By:DEVANSHU JOSHI
                                                          Signing Date:12.02.2022
                                                          08:55:53


$~14
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                      EX.F.A. 5/2021
     M/S. NULON INDIA LTD.                    ..... Appellant
                   Through: Mr. C.P. Vig, Advocate.
                   versus

      ISHWAR INDUSTRIES LTD.                   ..... Respondent
                     Through: Ms. Ekta Mehta, Advocate.
                              (M: 9971443037)
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 10.02.2022

1. This hearing has been done through video conferencing.

2. This is a part-heard matter.

3. Vide order dated 30th November, 2021, a show cause notice was issued to Mr. K.K. Golyan, Director and Mr. G.P. Chobey, the Authorized Representative of the Appellant/Objector. The said notice sought explanation within two weeks, as to why proceedings for contempt/perjury should not be initiated against them for having concealed relevant facts before this Court and making false statements before the Executing Court.

4. Mr. Vig, ld. Counsel for the Appellant/Objector, submits that the reply to the show cause notice has been filed. However, since there was a delay in filing the same, the same was not brought on record. Accordingly, last and final opportunity is granted to file the reply, and place the same on record, within two weeks.

5. Ld. Counsels for the parties confirm that the possession of the suit premises in terms of the order dated 30th November, 2021 has been handed over. Costs of Rs.1,00,000/- as directed have also been paid to the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.02.2022 08:55:53 Respondent. Let the proof of payment of the said costs, in terms of paragraph 25 of the order dated 17th December, 2020 passed by the Executing Court, be placed on record.

6. However, the remaining costs of Rs.2,00,000/- which were to be deposited either with the Prime Minister's National Relief Fund or the Chief Minister's Relief Fund, GNCTD have not been deposited. Let the said costs be deposited by the Appellant/Objector and the proof be placed on record by the next date.

7. Mr. K.K. Golyan and Mr. G.P. Chobey to be physically present in Court on the next date.

8. Let the documents/orders filed by the Respondent, vide Diary No. 150833 dated 8th February, 2022, be placed on record by the Registry.

9. List on 18th April, 2022.

PRATHIBA M. SINGH, J.

FEBRUARY 10, 2022/Aman/AD