Delhi High Court - Orders
Itd Cementation India Ltd vs Femc Pratibha Jv & Ors on 12 August, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 478/2017 & I.A. 8157/2017, I.A. 11132/2019
ITD CEMENTATION INDIA LTD. .....Plaintiff
Through: Dr.Amit George, Mr.Dattatray
Vyas, Mr.Anand Amit,
Ms.Ibansara Syiemlieh,
Mr.Adhishwar Suri,
Ms.Suparna Jain, Mr.Arkaneil
Bhaumik, Advs.
versus
FEMC PRATIBHA JV & ORS. .....Defendants
Through: Mr.R.V.Sinha, Mr.A.S.Singh,
Ms.Nidhi Singh, Advs. for D-4.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 12.08.2024
1. This Court, vide its order dated 29.01.2024, inter alia recorded the submission of the learned counsel appearing for DMRC (Defendant no.4) that the money due to the defendant no. 3 has been released and submitted to the NCLT and no amount was liable to be paid to the defendant no.3.
2. By a subsequent order dated 09.05.2024, the defendant no.4 was, therefore, directed to give complete details of proceedings and the date on which the amount has been deposited with the NCLT. The relevant portion of the order dated 09.05.2024 is reproduced herein below:
"2. Defendant No.4 is hereby directed to give complete details of the proceedings and the date on which the amount has been deposited, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 23:25:29 on affidavit to be filed within three weeks."
3. Today, the learned counsel appearing for DMRC, drawing reference to the additional affidavit dated 24.05.2022 filed by it in these proceedings, submits that, in fact, all amount payable by DMRC to the defendant no.1 was adjusted against the payment made by the DMRC to the sub-contractors who were executing the balance work left out by the defendant no.1.
4. Let the DMRC file an affidavit within a period of four weeks from today, clearly explaining its stand vis-a-vis its additional affidavit dated 24.05.2022 and the submission made before this Court as recorded in the orders dated 29.01.2024 and 09.05.2024. If any amount has been deposited by the DMRC with NCLT, which may have any relation with the present dispute, details of such proceedings and the amount so deposited shall also be given in the said affidavit that shall now be filed by the DMRC.
5. The DMRC is hereby warned that in case the affidavit is not filed within the time granted, this Court may have to take coercive action against it.
6. The learned counsel for the plaintiff submits that even as per the stand of the DMRC in its additional affidavit referred to hereinabove, the DMRC has clearly violated the interim order passed in this case. This shall be considered after receiving the affidavit of DMRC.
7. List on 26th September, 2024.
NAVIN CHAWLA, J AUGUST 12, 2024/Arya/AS Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 23:25:29