Andhra Pradesh High Court - Amravati
Rashtriya Ispat Nigam Limited. Rinl, vs M/S. Visakha Constructions. on 15 February, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: COM.C.A. No.04 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
15.02.2023 DVSS, J & SV,J
I.A.No.01 of 2023
This interlocutory application is filed to
permit the petitioner to withdraw the amount
so deposited by the 1st respondent/appellant,
as per the orders dated 06.01.2023 passed in Civil Appeal No.130 of 2023 arising out of Special Leave to Appeal (C) No.23912 of 2022 by the Hon'ble Supreme Court of India.
In pursuance of the order dated 06.01.2023 passed in Civil Appeal No.130/2023 arising out of Special Leave to Appeal (C) No.23912 of 2022, the petitioner as Managing Partner of the petitioner firm filed the following undertaking by way of additional affidavit, which is as follows:
"I, Mulukutla Ashok Chowdary, S/o Late Sivaram Krishnaiah, as Managing Partner of the petitioner firm, for myself and on behalf of the other partner and the firm hereby undertake before this Hon'ble Court that in case the petitioner firm loses in the appeal in COMCA No.4/2022, the amount so received shall be repaid/returned with interest that may be ordered by this Hon'ble Court."
In view of the additional affidavit filed by the petitioner, he is permitted to withdraw the amount deposited in C.A.O.P.No.25 of SL. DATE ORDER OFFICE NO. NOTE 2019 on the file of the Special Judge for Trial and Disposal of Commercial disputes, Visakhapatnam on furnishing the usual undertaking and affidavit.
Accordingly, the petition is ordered.
__________ DVSS,J _________ SV,J COM.C.A. No.04 of 2022 In view of the urgency being expressed, list the matter for final hearing on 09.03.2023.
__________ DVSS,J _________ SV,J Note:
Issue C.C. by 16.02.2023.
B/o
ANI
SL. DATE ORDER OFFICE
NO. NOTE