Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
Presently, it is not in dispute that insofar as the said
amount of Rs.22,56,833/-, the appellant have already deposited the
same before the NCLT. Therefore, in the present circumstance we are
of the opinion that the judgment dated 10.08.2020 is liable to be
set aside and the matter is to be remitted to the NCLAT to
undertake the said exercise to find out as to whether any amount
more than Rs.22,56,833/- is due as claimed by the respondent herein
and thereafter arrive at its conclusion in accordance with law.
3
C.A.3119 OF 2020
Needles to mention that on the said determination as indicated
being done, the NCLAT will also keep in view the principles laid
down in the case of Mobilox (supra) with regard to the pre-existing
dispute or otherwise, insofar as the amount beyond the extent as
has been indicated above.