Delhi High Court - Orders
Interim Order Restraining ... vs L And T Finance Ltd on 3 January, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 404/2021 & I.A. 16530/2021 (seeking ex-parte
interim order restraining Respondents)
DM SOUTH INDIA HOSPITALITY PVT. LTD. & ORS.
..... Petitioners
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. Pawan Sharma, Ms. Ekta
Kapil, Mr. Nirvikar Singh, Mr. Aditya
Chatterjee and Mr. Rishabh Sharma,
Advocates.
versus
L AND T FINANCE LTD. ..... Respondent
Through: Mr. Rajiv Nayar, Senior Advocate
with Mr. Manmeet Singh, Mr.
Shantanu Chaturvedi, Mr. Saurabh
Seth, Ms. Nishtha Chaturvedi and Ms.
Shatakshi Tripathi, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.01.2022
[VIA VIDEO CONFERENCING]
I.A. 17626/2021 (for exemption from filing certified copies of the annexures and also typed copies of the annexures and also typed copies of the faint/ illegible/ handwritten documents and documents without proper left side margin) in CCP(O) 60/2021
1. The Petitioners shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.
2. Accordingly, the application stands disposed of.
Signature Not Verified NAMITA DHYANI O.M.P.(I) (COMM.) 404/2021 Page 1 of 3 04.01.2022 12:48:07CCP(O) 60/2021 in O.M.P.(I) (COMM.) 404/2021
3. The present contempt petition filed under Section 11 and 12 of the Contempt of Courts Act, 1971 [hereinafter "Contempt of Courts Act"] seeks initiation of contempt proceedings against Mr. Srinivasa Swarna, Mr. Sunil Prabhune and L&T Finance Ltd. i.e., Respondents No. 1, 2 and 3, respectively.
4. Issue notice to Respondents No. 1 & 3 to show cause as to why contempt action should be not be initiated. Mr. Manmeet Singh, Advocate accepts notice on behalf of the said Contemnors. Reply/ affidavit-in-response to the contempt petition be filed within a period of one week from today. Rejoinder thereto, if any, be filed before the next date of hearing.
5. Mr. Rajiv Nayar, Senior Counsel for the Respondents submits that although there has been a slight delay in complying with the orders passed by this Court, however, the Respondents have now issued a 'No Dues Certificate', copy whereof has been screenshared. He further submits that the physical copies of certain securities and title deeds are available with the Respondents which can be handed over to the representative of the Petitioner, today itself.
6. Mr. Nayar further explains that on invocation of pledge(s), certain securities stood transferred in favour of the Respondent. To enable transfer of such securities in favour of the Petitioner - depository participant ["DP"] forms are required to be issued by the concerned depository(ies), dispatched via speed post which are in transit. Mr. Nayar submits that the said forms are expected to be received today or latest by tomorrow and as-and-when the same are received, Respondent would hand over the requisite security O.M.P.(I) (COMM.) 404/2021 Page 2 of 3 documents to the Petitioners forthwith.
7. Accordingly, it is directed that the representative of the Petitioners shall visit the office of the Respondent No. 3 viz. L&T Finance Ltd. today at 04:00 PM to collect the security documents.
8. Re-notify on 11th January, 2022.
SANJEEV NARULA, J JANUARY 3, 2022 nd O.M.P.(I) (COMM.) 404/2021 Page 3 of 3