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Delhi High Court - Orders

Sh. Naresh Chand Gupta & Anr vs Vigneshwara Developers Pvt. Ltd on 18 January, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~CP-15
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CO.PET. 534/2015 & CO.APPLs. 2170/2015, 5168/2016, 66/2017,
                                311/2017, 530/2017, 532/2017, 646/2017, 739/2017, 1482/2017,
                                1688/2017, 532/2018, 1148/2018, 372/2019, 1146/2019, 3/2020,
                                490/2021, OLR 9/2017, OLR 11/2017, OLR 181/2017, OLR 43/2017

                                SH. NARESH CHAND GUPTA & ANR.                            ..... Petitioners
                                                   Through:      Mr. Govind Rishi and Mr. Rohit
                                                                 Taneja, Advocates.

                                                   versus

                                VIGNESHWARA DEVELOPERS PVT. LTD                         ..... Respondent
                                                   Through:      Mr.    Shubhendu     Bhattacharya,
                                                                 Advocate for OL.
                                                                 Mr. Gaurav Arora and Mr. Dhruv
                                                                 Wadhwa, Advocates for Applicant in
                                                                 CA. No. 714/2022.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                             ORDER

% 18.01.2023 CO. APPL. 714/2022 (under Rules 6 & 9 of Company Court Rules, 1959 seeking release of INR 62,99,225/-)

1. In the Official Liquidator [OL]'s reply to this application, it is stated that the bills raised by the Applicant have been examined and an amount of INR 58,54,342/- has been found to be due and payable to the Applicant.

2. Further, Ms. Ruchi Sindhwani, standing counsel for the OL states that there are no funds in account of Company (in Liqn.).

3. It is also stated that 30% of the payable amount has already been Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.01.2023 19:15:15 disbursed to Applicant in terms of order dated 12th December, 2022.

4. Considering the above, as of now, it is considered appropriate to direct release of 30% of remaining amount, (amounting to Rs. 12,29,412/-) to the applicant from the common pool fund.

5. List for further consideration on 17th April, 2023.

SANJEEV NARULA, J JANUARY 18, 2023 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.01.2023 19:15:15