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15.
HIGH COURT OF DELHI
O.M.P. 584/2010
M/S C.L. ADLAKHA (HUF) & ORS ..... Petitioner
Through: Mr. Dinesh Agnani Sr. Advocate with Ms. Leena Tuteja & Mr. Rahul Arora, Advocates
HIGH COURT OF DELHI
O.M.P. 584/2010
M/S C.L. ADLAKHA (HUF) & ORS ..... Petitioner
Through: Mr. Dinesh Agnani Sr. Advocate with Ms. Leena Tuteja & Mr. Rahul Arora, Advocates
VERSUS
M/S ROSEBYS INTERIORS INDIA LTD. ..... Respondent
CORAM:
Through: Ms. Kajal Chandra, Advocate for the respondent
Mr. Anil Airi & Mr. Ravi K.Chandna, Advocates for Mr. Raman Chopra
HON'BLE MR. JUSTICE VIPIN SANGHI
Ofo 26.09.2011 Learned counsel for the respondent has tendered in Court the list of documents. The same is taken on record.
She submits that the dues towards maintenance and electricity in relation to the premises in question have been paid and duly certified by the Mall Agencies. She states that the premises in question is lying vacant as it has been vacated by the franchisee. She has tendered in Court the original keys of the premises in question to learned counsel for the petitioner, which has been accepted by him.
The petitioner shall be free to occupy and use the same henceforth.
Learned counsel for the respondent has also tendered in Court a photocopy of an order passed by the Gujarat High Court whereby a
2011:DHC:19317 Company Petition for winding up of the respondent company has been admitted, though the publication has been deferred.
In any event, since the respondent has tendered possession of the premises today in Court, and the respondent has already been directed to furnish security of a sum of Rs. 10 lacs vide order dated
09.08.2011, no further orders are called for in these proceedings. The said order dated 09.08.2011 is made absolute till the disposal of the arbitration proceedings, which already stand commenced. The monetary claims of the petitioner may be raised in arbitration.
The petition, accordingly, stands disposed of in the aforesaid terms.
SEPTEMBER 26, 2011 hk VIPIN SANGHI, J 2011:DHC:19317
Mr. Anil Airi & Mr. Ravi K.Chandna, Advocates for Mr. Raman Chopra
HON'BLE MR. JUSTICE VIPIN SANGHI
Ofo 26.09.2011 Learned counsel for the respondent has tendered in Court the list of documents. The same is taken on record.
She submits that the dues towards maintenance and electricity in relation to the premises in question have been paid and duly certified by the Mall Agencies. She states that the premises in question is lying vacant as it has been vacated by the franchisee. She has tendered in Court the original keys of the premises in question to learned counsel for the petitioner, which has been accepted by him.
The petitioner shall be free to occupy and use the same henceforth.
Learned counsel for the respondent has also tendered in Court a photocopy of an order passed by the Gujarat High Court whereby a
2011:DHC:19317 Company Petition for winding up of the respondent company has been admitted, though the publication has been deferred.
In any event, since the respondent has tendered possession of the premises today in Court, and the respondent has already been directed to furnish security of a sum of Rs. 10 lacs vide order dated
09.08.2011, no further orders are called for in these proceedings. The said order dated 09.08.2011 is made absolute till the disposal of the arbitration proceedings, which already stand commenced. The monetary claims of the petitioner may be raised in arbitration.
The petition, accordingly, stands disposed of in the aforesaid terms.
SEPTEMBER 26, 2011 hk VIPIN SANGHI, J 2011:DHC:19317
JUDGMENT