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M/S Servotech Electricals Pvt. Ltd. vs Ashoka Enterprises (India) on 16 November, 2018

Bench: R. Banumathi, Indira Banerjee

                                                          1

     ITEM NO.12                                  COURT NO.9                    SECTION XIV

                                    S U P R E M E C O U R T O F          I N D I A
                                            RECORD OF PROCEEDINGS

              Petition(s) for Special Leave to Appeal (C)                    No(s).    29097/2018

     (Arising out of impugned final judgment and order dated 17-09-2018
     in RFA No. 786/2018 passed by the High Court Of Delhi At New Delhi)

     M/S SERVOTECH ELECTRICALS PVT. LTD.                                        Petitioner(s)

                                                         VERSUS

     ASHOKA ENTERPRISES (INDIA) & ORS.                                          Respondent(s)

     (FOR ADMISSION and Interim Relief and
     IA No.157287/2018-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT)

     Date : 16-11-2018 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MRS. JUSTICE R. BANUMATHI
                               HON'BLE MS. JUSTICE INDIRA BANERJEE

     For Petitioner(s)                     Mr. Ranjan Mukherjee,Adv.
                                           Mr. Satpal Singh, AOR

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                              O R D E R

Mr. Ranjan Mukherjee, learned counsel appearing for the petitioner, has drawn our attention to the impugned judgment and submitted that even the impugned judgment itself refer the statement of the appellant-defandant for the financial year 2009- 2015 wherein the respondent-plaintiff has been shown as “Sundry Creditors” and the amount outstanding as on 31 st March, 2012 has been shown as a sum of Rs.17,25,000/-. Mr Mukherjee has further Signature Not Verified submitted that the petitioner is ready to deposit Rs.17,25,000/-, Digitally signed by MAHABIR SINGH Date: 2018.11.16 17:16:50 IST Reason: if some time is given to the petitioner.

Having regard to the submission made at the Bar, issue notice. There shall be an interim stay of the impugned judgment on condition that the petitioner shall deposit Rs.17,25,000/-, referred to in the impugned judgment, plus Rs.2,75,000/-(without prejudice to the contention of the petitioner) before the concerned trial court within a period of eight weeks failing which interim stay granted by this court shall stand vacated automatically.

(MAHABIR SINGH)                                   (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                           BRANCH OFFICER