Himachal Pradesh High Court
M/S Apj Laboratories vs . The Hp State Coop. Bank Ltd. on 28 September, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
M/s APJ Laboratories Vs. The HP State Coop. Bank Ltd.
.
CWP No. 7719 of 2021 28.9.2022 Present:- Mr. Manmohan Malik & Ms. Sangeeta Malik, Directors of M/s APJ Laboratories are present in person.
Mr. Roopak Bansal & Mr. Ashok K. Thakur, Advocates, for Directors Mr. Vijay Vohra and Ms. Neelam Vohra.
Mr. Sunil Mohan Goel, Advocate, for the respondent- Bank.
Mr. Atul Jhingan, Advocate learned counsel for the petitioner seeks permission to withdraw his Power of Attorney.
Permission granted.
Mr. Vijay Vohra and Ms. Neelam Vohra Directors of the petitioner-Company are directed to file their undertakings on the similar lines, as have been furnished by Mr. Manmohan Malik and Ms. Sangeeta Malik within a period of one week from today clearly stating therein that the amount in question to the extent of their shares i.e. 25% shall be paid latest by 31st December, 2022.
Mr. Sunil Mohan Goel, learned counsel for the respondent-Bank, on instructions, from Ms. Shakuntla Negi, Sr. Law Officer, states that the respondent-Bank is still open and ready to give quietus to the issue, provided the Directors i.e. Mr. Manmohan Malik, Ms. Sangeeta Malik, Vijay Vohra and Ms. Neelam Vohra pay a sum of Rs. 12,52,78,977/- (Rupees Twelve Crore Fifty Two Lac Seventy Eight Thousand Nine Hundred Seventy Seven only) on or before 31.12.2022.
::: Downloaded on - 28/09/2022 20:07:53 :::CISThe Directors of the petitioner-Company, who are .
present in person state that because of the physical condition of premises including the plant and machinery at the spot, the prospective buyers are skeptical to buy the property and, therefore, they should be permitted to clean the premises. The prayer being genuine is allowed.
The Directors of the petitioner-Company are granted 10 days' time to clean the premises. The respondent-Bank is directed to give access to the Directors to do the needful from 30.9.2022 upto 9.10.2022 from 8:00 am to 8:00 pm each day.
The amount(s) to be deposited by the prospective buyers would be deposited either with the Registry of this Court or directly with the bank in its bank account, details whereof shall be furnished to the Directors of the prospective buyer as the case may be.
Learned counsel for the respondent-Bank further assures this Court that as and when the entire outstanding amount as aforesaid is deposited, the bank would not hesitate to release the property that have been mortgaged forthwith without even intervention of the Court and issue the necessary 'NOC'.
It is made clear that in case the amount in question is not paid, then all the four Directors shall personally remain present before this Court and shall even be liable to pay the entire outstanding amount along with interest. In the meanwhile, ::: Downloaded on - 28/09/2022 20:07:53 :::CIS Mr. Vijay Vohra and Ms. Neelam Vohra are directed to surrender .
their passports and deposit the same with the Registrar General of this Court within two days.
For compliance, to come up on 03.01.2023.
r to ( Tarlok Singh Chauhan)
Judge
(Virender Singh)
Judge
28th September, 2022
(Guleria)
::: Downloaded on - 28/09/2022 20:07:53 :::CIS
.
.
.
28.9.2022 Present:- Mr. , Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Sr. Additional Advocate General & Mr. Vinod Thakur, Additional Advocate General for respondents- State.
. r to ( Tarlok Singh Chauhan)
Judge
(Virender Singh)
Judge
28th September, 2022
(Guleria)
::: Downloaded on - 28/09/2022 20:07:53 :::CIS