S. Alliance Strategies Ltd. v. VVS. M.H. One TV Network Ltd.

Delhi High Court · 30 Aug 2011 · 2011:DHC:7616
Manmohan
CO.PET. 4791/2010 & CO. APPL. 2277/2010
2011:DHC:7616
civil petition_allowed

AI Summary

The Court directed the respondent to deposit the disputed debt amount with the Registry, allowing the petitioner to initiate recovery proceedings while permitting the respondent to raise counter-claims, and excluded the petition period from limitation.

Full Text
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#23 s-
*INTHEI{IGHCOURToFDELHIATNEwDELHI
+ co.PET. 479120t0 & co. APPL. 227712010
1\{/S. ALLIANCE STRATEGIES
LTD. ..... Petitioner
Through Mr. Amit Bansal, Advocate
VERSUS
VVS. M.H. ONE TV NETWORK
-r LTD. ""' ResPondent
Through Mr. Naresh Kaushik with
Ms. Amita Kalkal, Advocates.
Mr. Mahinder Paul Khurana, Manager of respondent- company in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN o 30.08.2011 without prejudice to the rights and contentions of the respondent, Mr. Naresh Kaushik, leamed counsel for the respondent, on instructions of VIr. Mahinder Paul Khurana, Manager of respondent-company who is personally present in Court, states that respondent would deposit the disputed debt of { 5I,06,7661- with the
Registry of this Court.
2011:DHC:7616
Mr. Amit Bansal, learned counsel for the petitioner fairly states that in the event the aforesaid amount is deposited in this court, petitioner would file appropriate legal proceedings for recovery of the aforesaid amount before appropriate Court/Tribunal'
Atthisstage,Ivlr.NareshKaushikstatesthattheaforesaid amount shall be deposited on or before 15th November, 20II' He further states that the respondent may be granted liberty to agitate all its grievances including filing of a counter-claim in the recovery proceedings to be filed by the petitioner'
Mr.AmitBansal,learnedcounselforpetitionerhasno objection to the same.
Recording the aforesaid consent, respondent is directed to deposit { 51,06,7 661- inthis court in the name of Registrar General'
The said sum shall be kept in an FDR initially for a period of one year. It is further directed that the said FDR would abide by any order passed by an appropriate CourVTribunal'
Needless to say that the said court/Tribunal would decide the matter without being influenced by any observation made by this court. It is clarified that the time spent in prosecuting the present petition would stand excluded while determining the period of f limitation for the recovery proceedings to be initiated by the petitioner.
Intheeventtheamountisnotdepositedbytherespondent)o within the period as stipulated hereinabove, petitioner is granted liberty to seek revival of the present petition' with the aforesaid liberty and observations, the preserit petition and pending application stand disposed of' rl ,l
It.___lr
MANMOHAI{'J
AUGUST 30, 2011 rn
JUDGMENT