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$19 HIGH COURT OF DELHI
FAO(OS) 517/2013, C.M. APPL.18050/2013 & 1805 1/2013
M/S. 11ARYANA CITY GAS 1)ISTRIBUTION .....Appellant
Through: Sh. U.K. Chaudhary, Sr. Advocate with
Sh. Himanshu Vij, Sh. Karan Malhotra and Sh.
Sanjeet Singh, Advocates.
FAO(OS) 517/2013, C.M. APPL.18050/2013 & 1805 1/2013
M/S. 11ARYANA CITY GAS 1)ISTRIBUTION .....Appellant
Through: Sh. U.K. Chaudhary, Sr. Advocate with
Sh. Himanshu Vij, Sh. Karan Malhotra and Sh.
Sanjeet Singh, Advocates.
VERSUS
O
M/S. ANA CNG STATION & ORS. Respondents
Through : Sh. Ravi Sikri and Sh. Deepank Yadav, Advocates, for Resp. No. 1.
Sh. Ravi Gupta, Sr. Advocate with Sh. Rakesh Mukhija, Advocates.
M/S. ANA CNG STATION & ORS. Respondents
Through : Sh. Ravi Sikri and Sh. Deepank Yadav, Advocates, for Resp. No. 1.
Sh. Ravi Gupta, Sr. Advocate with Sh. Rakesh Mukhija, Advocates.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT IION'BLE MR. JUSTICE NAJMI WAZIRI
20.11.2013
20.11.2013
C.M. APPL.18051/2013 (for exemption)
Allowed, subject to all just exceptions.
Allowed, subject to all just exceptions.
FAO(OS) 517/2013, C.M. APPL.18050/2013 (for stay)
I. The present appeal is directed against an order of the learned Single Judge dated 29.10.2013 whereby he directed that the amounts collected by the petitioner
M/s. Ana CNG Station be deposited through bank draft thvouring the
City Gas i)istribution Ltd. is an authorized distributor of CNG and PNG. The dispute pertained to collections made by the agents of the Company. The control of the company is under dispute which appears to be vertically supplied in this matter; one group led by Satish Chopra and other by Kail Chopra. It is urged that by previous orders of the Court, the agents such as the applicant before the
2013:DHC:7062-DB learned Single Judge have been required to deposit the collections towards sale in a nominated account. During the course of the proceedings it was brought to the notice of the learned Single Judge by the first respondent in the present case, Mr. Kapil Chopra that some amounts were withheld and not deposited.
Learned counsel urges that the impugned directions have resulted in extreme difficulty in as much as the company would not be able to function.
During the course of the submissions, learned counsel agree that the solution could be that the collections made by all its agents M/s. Shriram
Infravision Pvt. Ltd., M/s. Sukhnanda Enterprises, M/s. Ana CNG Station, Sh.
, RahLIl Rao and Sh. Brahni Prakash would be deposited in the Current Account
No. 1522002100031636 of the Punjab National Bank's Branch at Rajendra Place, New Delhi in the name of M/s. Haryana City Gas l)istribution Limited. The
Haryaiia City Gas Distribution Ltd. shill also issue a letter/circular to all the concerned CNG agents in this regard to facilitate the process. It is open to the concerned agents, to :w00ut an appropriate method of RIGS mode of remittance for cash collections in compliance with this Court's directions. The concerned agencies depositing their collections shall furnish the exact amounts collected, to the parties to the present case, i.e. Sh. Kapil Cliopra and Sh. Satish
Chopra, as and when the amounts are deposited.
The amounts deposited in this Court shall be released forthwith to be deposited in the appellant's Current Account No. 152200210003 1636 in the
Punjab National Bank's branch at Rajendra Place, New Delhi. The parties shall he present before the Registrar General for this purpose on 22.11.2013.
The appeal and pending application are disposed off in.the above terms.
Order dasti to the parties. lv"~ S. RAVINDRA BIIAT, J
T
AJ AiE11,J NOVEMBER 20, 2013 2013:DHC:7062-DB
I. The present appeal is directed against an order of the learned Single Judge dated 29.10.2013 whereby he directed that the amounts collected by the petitioner
M/s. Ana CNG Station be deposited through bank draft thvouring the
City Gas i)istribution Ltd. is an authorized distributor of CNG and PNG. The dispute pertained to collections made by the agents of the Company. The control of the company is under dispute which appears to be vertically supplied in this matter; one group led by Satish Chopra and other by Kail Chopra. It is urged that by previous orders of the Court, the agents such as the applicant before the
2013:DHC:7062-DB learned Single Judge have been required to deposit the collections towards sale in a nominated account. During the course of the proceedings it was brought to the notice of the learned Single Judge by the first respondent in the present case, Mr. Kapil Chopra that some amounts were withheld and not deposited.
Learned counsel urges that the impugned directions have resulted in extreme difficulty in as much as the company would not be able to function.
During the course of the submissions, learned counsel agree that the solution could be that the collections made by all its agents M/s. Shriram
Infravision Pvt. Ltd., M/s. Sukhnanda Enterprises, M/s. Ana CNG Station, Sh.
, RahLIl Rao and Sh. Brahni Prakash would be deposited in the Current Account
No. 1522002100031636 of the Punjab National Bank's Branch at Rajendra Place, New Delhi in the name of M/s. Haryana City Gas l)istribution Limited. The
Haryaiia City Gas Distribution Ltd. shill also issue a letter/circular to all the concerned CNG agents in this regard to facilitate the process. It is open to the concerned agents, to :w00ut an appropriate method of RIGS mode of remittance for cash collections in compliance with this Court's directions. The concerned agencies depositing their collections shall furnish the exact amounts collected, to the parties to the present case, i.e. Sh. Kapil Cliopra and Sh. Satish
Chopra, as and when the amounts are deposited.
The amounts deposited in this Court shall be released forthwith to be deposited in the appellant's Current Account No. 152200210003 1636 in the
Punjab National Bank's branch at Rajendra Place, New Delhi. The parties shall he present before the Registrar General for this purpose on 22.11.2013.
The appeal and pending application are disposed off in.the above terms.
Order dasti to the parties. lv"~ S. RAVINDRA BIIAT, J
T
AJ AiE11,J NOVEMBER 20, 2013 2013:DHC:7062-DB
JUDGMENT