Delhi High Court - Orders
Deutsche Trustee Company Ltd vs Tulip Telecom Ltd on 4 January, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~2 (company matter)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 329/2013 & C.A.NO. 3 /2021
DEUTSCHE TRUSTEE COMPANY LTD ..... Petitioner
Through: None
versus
TULIP TELECOM LTD. .... Respondent
Through: Mr. Kunal Sharma, Adv. for
Official Liquidator
Mr. K.L.N.V. Veeranjaneyulu, Panel
Counsel for GAIL
Mr. Tanmaya Mehta, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 04.01.2021
(Video-Conferencing)
C.A.NO. 3/2021 in CO.PET. 329/2013
1. By the order dated 5th November, 2020, this Court had directed the implementation of the directions contained in para 10 of the order dated 29th July, 2020, which read thus:
"10. In view thereof, this application is disposed of with the following directions:
(i) The goods, located inside the aforesaid hut/porta cabin, as well as on the roof thereof, and the Mercedes car standing on the drive-way, shall be removed on 1st August, 2020, for which purpose the representatives of the Official Liquidator, the Ex-Director of the company, as well as of STCIFL would congregate at the said premises at 11:00 a.m.
(ii) In case, the assistance of any external agency is necessary, to remove the goods, or the Mercedes car, the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 329/2013 Page 1 of 4 Signing Date:06.01.2021 16:56:52 Official Liquidator would take steps to procure such assistance. The expenses to be paid to the agency, whose assistance may be taken in that regard, would be defrayed by STCIFL.
(iii) The Official Liquidator shall, thereafter, take steps to remove the aforesaid goods and the Mercedes car, to other appropriate premises, outside the Paschim Marg property, so that they are in safe custody, and remain undamaged.
(iv) A report, in the aforesaid regard, would be filed by the Official Liquidator, before this Court, on or before 10th August, 2020."
2. For this purpose, the Official Liquidator was directed to get in touch with the Receiver appointed by learned Debts Recovery Tribunal-I (DRT), vide order dated 16th March, 2020, so that the lock on the premises at 5, Paschim Marg, Vasant Vihar, New Delhi could be opened and the directions issued by this Court complied with.
3. The Official Liquidator was directed to return the keys to the Receiver, after compliance with the said directions.
4. The applicant avers, in the present application, that the Court Receiver informed the applicant, vide email dated 10th November, 2020, that the keys of the lock put on the aforesaid premises at 5, Paschim Marg, Vasant Vihar, New Delhi has already been deposited with the DRT-I and were not in his possession.
5. It is further averred that, on 11th November, 2020, the applicant received an e-mail from the Official Liquidator to the effect that he had contacted the Receiver appointed by the learned DRT and that the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 329/2013 Page 2 of 4 Signing Date:06.01.2021 16:56:52 Official Liquidator would take steps to remove the lock.
6. Further communications, with the Official Liquidator, by the applicant, are alleged to have elicited no favourable response.
7. Mr. Tanmaya Mehta, learned counsel for the applicant, submits that there is complete inaction on the part of the Receiver appointed by the learned DRT, in ensuring compliance with the directions issued by this Court, and that the Official Liquidator is also not taking appropriate steps in this regard.
8. In view thereof, this application seeks impleadment of the Receiver appointed by the learned DRT as a respondent in this application, as well as issuance of directions to him.
9. Given the circumstances, the prayer for impleadment of the Receiver appointed by the learned DRT is required to be allowed, in order to ensure that the directions issued by this Court are complied with.
10. Accordingly, Mr. Manish Mighlani, Advocate, who was appointed as the Receiver by the learned DRT, is permitted to be impleaded as an additional party respondent in this application.
11. An amended memo of parties, in respect of the present application, shall be filed by learned counsel for the applicant, within a period of one week from today.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 329/2013 Page 3 of 4 Signing Date:06.01.2021 16:56:5212. On filing of the said amended memo of parties, let notice be issued to the Receiver, Mr. Manish Mighlani.
13. The notice shall be accompanied by a copy of present application with all its annexures.
14. Mr. Manish Mighlani is directed to file a response to this application within two weeks from today, with an advance copy to learned counsel for applicant, who may file rejoinder thereto, if any, within one week thereof.
15. The Official Liquidator is also directed to file a response to this application within two weeks from today, with an advance copy to learned counsel for applicant, who may file rejoinder thereto, if any, prior to the next date of hearing.
16. List this application for hearing on 22nd February, 2021.
C. HARI SHANKAR, J.
JANUARY 4, 2021 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 329/2013 Page 4 of 4 Signing Date:06.01.2021 16:56:52