Apar Industries Limited vs Alliancz Poly-Chem Overseas Ltd on 13 July, 2020

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Delhi High Court - Orders

Apar Industries Limited vs Alliancz Poly-Chem Overseas Ltd on 13 July, 2020

Bench: C. Hari Shankar

$~1 (company matter)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     C.A. 354/2020 & C.A. 355/2020 in CO.PET. 536/2012

      APAR INDUSTRIES LIMITED                            ...Petitioner
                   Through:

                          versus


      ALLIANCZ POLY-CHEM OVERSEAS LTD. ..Respondent
                   Through: Mr. Aman Nandrajog, Adv. for
                            Applicant in Co. Appls. 354-
                            55/2020

      CORAM:
      HON'BLE MR. JUSTICE C. HARI SHANKAR

                         ORDER

      %                  13.07.2020
                     (Video-Conferencing)

C.A. 355/2020 in CO.PET. 536/2012

1. This application seeks exemption from notarisation of the affidavit, accompanying the application i.e. Co. Appl. 354/2020, and payment of court fees on the latter application.

2. In view of the presently prevailing situation, where a lockdown has been imposed consequent on the COVID-2019 pandemic, and in view of the order dated 4th April, 2020 passed by this Court on the administrative side, the applicant is permitted to file the duly notarised affidavit, and deposit the requisite court fees within 72 hours of resumption of normal court work.

CO.PET. 536/2012 Page 1 of 3

3. The application is allowed to the aforesaid extent.

C.A. 354/2020 in CO.PET. 536/2012

1. This application seeks correction of a clerical error that has crept in in the order dated 1st July, 2020.

2. Though there is no appearance on behalf of the Official Liquidator, the error is self-evident.

3. The order, as it exists today, reads thus:

"1. By this application M/s. Manasvi Security Services, the applicant seeks to release, to it, of an amount of ₹ 35,12,747/- , out of which an amount of ₹ 34,92,579/- has been found to be payable.

2. Mr. Kunal Sharma, learned counsel for the Official Liquidator, on instructions, submits that the company under liquidation (M/s. Alliance Poly-Chem Overseas Limited) is in possession of the requisite funds, whereby the above dues could be liquidated.

3. The Official Liquidator is directed to disburse, within a period of two weeks, to the applicant M/s. Manasvi Security Services, the security dues of ₹ ,92,579/- , payable to it and to file a compliance report before this Court.

4. The application is disposed of."

4. It is obvious that the figure of ₹ 92,579/- ought to be ₹ 34,92,579/-.

5. Accordingly, the figure of ₹ 92,579/-, as entered in para 3 of the order dated 1st July, 2020, is corrected to read ₹34,92,579/-.

CO.PET. 536/2012 Page 2 of 3

6. The corrected para 3 of the order dated 1st July, 2020 would accordingly read thus:

"3. The Official Liquidator is directed to disburse, within a period of two weeks, to the applicant M/s. Manasvi Security Services, the security dues of ₹ 34,92,579/-, payable to it and to file a compliance report before this Court."

7. This order shall be read as a corrigendum to the order dated 1st July, 2020.

8. The application stands allowed and disposed of.

C. HARI SHANKAR, J.

JULY 13, 2020 dsn CO.PET. 536/2012 Page 3 of 3

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Delhi High Court - Orders