Delhi High Court - Orders
Welworth Software Private Limited vs Sun Distribution Services Pvt. Ltd. & ... on 23 December, 2020
Author: J.R. Midha
Bench: J.R. Midha, Anup Jairam Bhambhani
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 256/2020 & CM APPL. 22968/2020, 33021/2020
WELWORTH SOFTWARE PRIVATE LIMITED
..... Petitioner
Through: Mr. Rohit Sharma, Mr. Rounak
Nayak & Mr. Atul Agarwal,
Advocates.
versus
SUN DISTRIBUTION SERVICES PVT. LTD. & ANR.
..... Respondents
Through: Mr. Amit Sibal, Sr. Advocate with
Mr. Abhishek Malhotra, Ms.
Shilpa Gamnani, Mr. Atmaja
Tripathi, Mr. Aishvary Vikram,
Mr. Ambar Bhushan & Mr.
Saksham Dhingra, Advocates for
R-1.
Ms. Sneha Iyer, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
HON'BLE MR.JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 23.12.2020
1. The hearing has been conducted through video conference.
2. The appellant has filed an affidavit in terms of order dated 22 nd December, 2020. However, Mr. Amit Sibal, learned senior counsel for respondent No.1, submits that the affidavit is not in conformity with Annexure 'B1' to the judgment dated 05th August, 2020 in Ex.P.275/2012 Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:23.12.2020 23:16:16 titled Bhandari Engineers & Builders Pvt. v. Maharia Raj Joint Venture. Respondent No.1 is permitted to serve the interrogatories on the appellant, who shall submit the reply on affidavit within two weeks of the receipt of the interrogatories.
3. Learned counsel for respondent No.2 seeks further one week time for filing the affidavit in terms of the order dated 22nd December, 2020. In the interests of justice, further one week time is granted to respondent No.2 for compliance of the order dated 22nd December, 2020. In the event of the affidavit of respondent No.2 not being in conformity with Annexure 'B1', respondent No.1 is given liberty to serve the interrogatories on respondent No.2 and the same shall be replied on affidavit within two weeks of the receipt of the interrogatories.
4. As per the impugned order, respondent No. 1 is claiming about Rs.22.2 crores from respondent No.2 and the appellant. According to respondent No.1, respondent No.2 generated more than Rs.22.2 crores payable to respondent No.1 and respondent No.2 be directed to disclose the whereabouts of the amount generated by them.
5. Mr. Manohar, Director of respondent No.2 present before this Court through video conference along with his counsel, submits that the net worth of respondent No.2 as on 01st December, 2019 was less than Rs. 50,00,000/- and as on today, the net worth is in negative. Respondent No.2 is directed to disclose in the affidavit as to how much amount they have generated on account of their agreement with respondent No.1 and shall also explain the status of that amount in the affidavit.
6. Learned counsel for the appellant presses for an interim order against the impugned order of TDSAT. This prayer shall be considered Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:23.12.2020 23:16:16 on the next date of hearing after the compliance of order dated 22 nd December, 2020 by respondent No.2.
7. The appellant, respondent No.1 as well as respondent No.2 are directed to file brief note of submissions, not exceeding three pages, along with copies of the relevant documents/judgments on which they wish to rely with the relevant portions duly highlighted for the convenience of this Court and a video clip of oral arguments of 15 minutes (200 MB) within one week of filing of the affidavit or within one week of the reply to the interrogatories, whichever is later.
8. The parties shall file additional two page note and a video clip of oral arguments of 10 minutes (200 MB) to respond to the submissions of the opposite party within one week thereafter.
9. The parties shall file the hard copy of the submissions along with duly highlighted documents/judgments with the Court Master at least one week before the next date of hearing.
10. List on 27th January, 2021 as a part-heard matter.
11. The order be uploaded on the website of this Court forthwith.
J.R. MIDHA, J.
ANUP JAIRAM BHAMBHANI, J.
DECEMBER 23, 2020/uj Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:23.12.2020 23:16:16