Delhi High Court - Orders
Yogesh Gupta vs Umesh Gupta on 24 November, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 128/2022, CCP(O) 45/2022 & I.As. 7586/2022,
9924-9925/2022, 17093/2022, 17397-17398/2022, 18090/2022,
19221/2022
YOGESH GUPTA
..... Petitioner
Through: Mr. Tanmaya Mehta, Mr. Sourabh
Gupta and Mr. Puneet Yadav, Advs.
versus
UMESH GUPTA
..... Respondent
Through: Mr. Kripa Shankar Prasad, Adv. with
Ms. Ritu Rajkumari, Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 24.11.2022 I.A. 19221/2022
1. This application has been filed by the petitioner with the following prayers:-
"In view of the above mentioned facts and circumstances of the present case, the Petitioner most respectfully prays that this Hon‟ble Court may pass following orders/directions:
(a) pass an order / direction to Respondent to immediately sign all the cheques as approved by the Chartered Accountant, as and when presented by the Petitioner herein, in compliance of order dated 26.04.2022 passed by this Hon‟ble Court;
(b) pass an order / direction of attachment of the moveable and immoveable properties of the Respondent in order to facilitate the compliance of the orders passed by this Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:25.11.2022 11:55:14 Hon‟ble Court;"
2. Mr. Tanmaya Mehta, learned counsel for the petitioner, makes three submissions:-
i. The respondent is not signing the cheques by which inter account transfers of the company known as Medipol Pharmaceuticals India Pvt. Ltd. are being effected.
ii. That the respondent is not signing the letters addressed to the bank for issuing bank guarantee.
iii. He is also not signing the form / documents for making payment for imports.
3. He clarifies, for inter account transfers, no approval of the Chartered Accountant is required. He qualifies his submission by stating any payment to be made out of the company, necessarily require approval of the Chartered Accountant (except statutory dues TDS and Salary).
4. These submissions of Mr. Mehta are contested by Mr. Kripa Shankar Prasad, counsel for the respondent by stating that the cheques received from the petitioner for signature does not specify that the same are for inter account transfer. That apart, he states that even such payment require the approval of Chartered Accountant.
5. On the submission No. (ii), Mr. Kripa Shankar Prasad state, the bank guarantee cannot be sought / procured by the petitioner against over draft facility granted by the Bank to the company by securing the same through the properties which shall come to the share of the respondent. That apart, the money gets blocked for a longer period. The petitioner can create an FDR, through which it can seek issuance of Bank guarantee.
6. It is made clear, insofar as cheques for inter account transfers are Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:25.11.2022 11:55:14 concerned, the respondent shall sign the cheques provided the petitioner in his communication to the respondent makes it clear that such cheques are for inter account transfer (of the company).
7. Insofar as submission No.(ii) is concerned, suffice to state, the order dated May 04, 2022 of this Court makes it clear that payments by the company shall be made through cheques to be signed by the parties herein provided the said payments are verified by the Chartered Accountant. There is no dispute the payment for creating Bank Guarantee has been approved by the Chartered Accountant. If that be so, any document/form need to be given to the bank shall be signed by the respondent within the timelines, stipulated by this Court.
8. Insofar as the payment for making import is concerned the objection of Mr. Kripa Shankar Prasad is that the Importer-Exporter Code depicts the registered address of the Company as 128/5, Swiss House, Vishwas Nagar, Shahdara, Delhi-110032 instead of 1/2344, Subhash Marg, Ram Nagar, Shahdara, Delhi-110032 as depicted on the letter head of the company. He states that this discrepancy was put to the petitioner but he has not taken any steps to get the registered address corrected in the Importer Exporter Code.
9. I have been informed by Mr. Mehta that certain proceedings are pending before the NCLT wherein the respondent has made a prayer against the petitioner seeking a restraint order from shifting the registered office from 128/5, Vishwas Nagar, New Delhi to 1/2344, Subhash Marg, Ram Nagar, Shahdara, Delhi-110032. In this regard, Mr. Mehta has shown to Mr. Kripa Shankar Prasad the copy of the petition as filed in NCLT. At this stage, Mr. Kripa Shankar Prasad states he shall take instructions in that regard.
Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:25.11.2022 11:55:1410. In view of the request made by Mr. Kripa Shankar Prasad, insofar as the plea of (iii) is concerned, the same shall be considered on the next date of hearing.
11. Re-notify on November 28, 2022.
V. KAMESWAR RAO, J.
NOVEMBER 24, 2022/ds Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:25.11.2022 11:55:14