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Videocon Industries Ltd. vs Intesa Sanpaolo S P A on 13 October, 2014

Bench: Anil R. Dave, Kurian Joseph, R.K. Agrawal

                                                  1

                                                                              REVISED

  ITEM NO.203                              COURT NO.3                 SECTION IX

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)                  No(s).   24599/2014

  (Arising out of impugned final judgment and order dated 18/07/2014
  in APPL No. 29/2014,19/07/2014 in APPL No. 29/2014 passed by the
  High Court Of Bombay)

  VIDEOCON INDUSTRIES LTD                                             Petitioner(s)

                                                 VERSUS

  INTESA SANPAOLO S P A                                               Respondent(s)

  (with appln. (s) for exemption from filing c/c of the impugned
  judgment and permission to file lengthy list of dates)

  Date : 13/10/2014 This petition was called on for hearing today.

  CORAM :                HON'BLE MR. JUSTICE ANIL R. DAVE
                         HON'BLE MR. JUSTICE KURIAN JOSEPH
                         HON'BLE MR. JUSTICE R.K. AGRAWAL

  For Petitioner(s)                 Mr.   K. K. Venugopal, Sr. Adv.
                                    Mr.   S. Ganesh, Sr. Adv.
                                    Mr.   Sandeep S. Ladda, Adv.
                                    Mr.   Soumik Ghosal, Adv.
                                    Mr.   Ashwati Balraj, Adv.
                                    Ms.   Pragya Baghel, Adv.

  For Respondent(s)                 Mr. C. U. Singh, Sr. Adv.
                                    Mr. Bhargava V. Desai, Adv.

                         UPON hearing counsel the Court made the following
                                         O R D E R

Heard the learned senior counsel appearing for both the Signature Not Verified sides.

Jayant Kumar Arora Date: 2014.10.17 16:35:22 IST Reason:

It is noted that some mistake had been committed by the learned counsel for the petitioner while offering a Fixed  2 Deposit Receipt by way of a security on 22.09.2014. Instead of offering an FDR bearing No. 34251594834 for Rs. 121,04,00,000/-, an FDR bearing No. 33778592338 for Rs. 1201,34,63,013/-, which was to mature on 07.10.2014, was offered by way of a security.

Upon noticing the said mistake, I.A. No. 3 has been filed by the learned counsel for the petitioner for rectification/clarification of the order dated 22.09.2014, with a further security of an FDR for Rs. 136,38,19,177/- bearing No. 34251603216, which is to mature on 03.10.2016.

In the aforesaid circumstances, the order passed on 22.09.2014 is modified to the effect that the aforesaid two FDRs i.e. FDR for Rs. 136,38,19,177/- and FDR for Rs.121,04,00,000/- shall be deposited with the Registrar of this Court within four weeks from today and the petitioner shall make a note to the State Bank of India that there would be a lien on the aforesaid two FDRs in favour of the Registrar, which will not be encashed without permission of this Court.

There shall be no charge/lien in respect of the FDR for Rs. 1201,34,63,013/- which has been referred to hereinabove and the same shall be returned to the petitioner by the Registry, if the same had been deposited with the Registry of this Court.

List the matter in the month of December, 2014 for final disposal on a non-miscelleneous day.

Rest of the portion of the order dated 22.09.2014 shall remain as it is.

      (Jayant Kumar Arora)              (Sneh Bala Mehra)
            Sr. P.A.                   Assistant Registrar