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21 \> HIGH COURT OF DELHI
CO.PET. 425/2010 & CO. APPLs.2055-2056/2010
O/o MIS KOTAK MAHINDRA BANK LIMITED ..... Petitioner
Through: Ms. Pratiti Rungta, Advocate.
21 \> HIGH COURT OF DELHI
CO.PET. 425/2010 & CO. APPLs.2055-2056/2010
O/o MIS KOTAK MAHINDRA BANK LIMITED ..... Petitioner
Through: Ms. Pratiti Rungta, Advocate.
VERSUS
MIS SIGMA REFRIGERATION PVT LTD & ANR ..... Respondents
Through: Mr. Rajesh Yadav, Advocate with Ms. Ruchira V. Arora, Advocate.
Through: Mr. Rajesh Yadav, Advocate with Ms. Ruchira V. Arora, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
01.08.2011 Ms. Pratiti Rungta, learned counsel for petitioner states that subsequent to the filing of present petition, Mis. Green Valley Frozen
Foods Limited has started making payment.
Consequently, Ms. Rungta prays for withdrawal of the present petition and pending applications with liberty to refile the same in case the loan amount is eventually not paid by M/s. Green Valley
Frozen Limited.
CO.PET. 42512010 page 1 of2.
2011:DHC:7112 C.
With the aforesaid liberty, present petition and pending applications stand disposed of.
AUGUST 01, 2011 JS ~ \\--1.
MANMOHAN,J f-?£~/, t"~ 2/3y11 HI /(etjVA.( CO.PET 42512010 page 2 o/2.
\~ - - - - - - - - - O/o HIGH COURT OF DELHI
CO.PET. 425/2010
MIS KOTAK MAHINDRA
BANK LIMITED
Through
01.08.2011 Ms. Pratiti Rungta, learned counsel for petitioner states that subsequent to the filing of present petition, Mis. Green Valley Frozen
Foods Limited has started making payment.
Consequently, Ms. Rungta prays for withdrawal of the present petition and pending applications with liberty to refile the same in case the loan amount is eventually not paid by M/s. Green Valley
Frozen Limited.
CO.PET. 42512010 page 1 of2.
2011:DHC:7112 C.
With the aforesaid liberty, present petition and pending applications stand disposed of.
AUGUST 01, 2011 JS ~ \\--1.
MANMOHAN,J f-?£~/, t"~ 2/3y11 HI /(etjVA.( CO.PET 42512010 page 2 o/2.
\~ - - - - - - - - - O/o HIGH COURT OF DELHI
CO.PET. 425/2010
MIS KOTAK MAHINDRA
BANK LIMITED
Through
VERSUS
..... Petitioner Ms. Pratit Rungta with Ms. Neha Tanwar, Advocates
MIS SIGMA REFRIGERATION PVT LTD & ANR ..... Respondents
#15
Through Mr. Rajesh Yadav with Ms. Ruchira, Advocates.
MIS SIGMA REFRIGERATION PVT LTD & ANR ..... Respondents
#15
Through Mr. Rajesh Yadav with Ms. Ruchira, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
07.02.2012
07.02.2012
CO. APPL. 2134/2011
Mr. Rajesh Yadav, learned counsel for the respondents states that after the present application for revival had been filed, the Debts
Recovery Tribunal-II, Delhi (for short 'DRT') on lih January, 2012 has passed the following order:-
"Having heard the contentions of the ld. counsels for the parties, the bank is directed to file its reply in detail giving the affidavit about the penal interest and whichever it has been capitalized and also about foreclosure charges as clause within four weeks with advance copy to the ld. Counsel
CO PET 42512010 Page I o/2 - .
\l L...
_._ ..a. .... ~ ............ ..&....- ..& .... 1.&... -U.-l · · - - • ' ....! ..&.. for the applicant. However, in the meantime bank shall not take possession of the property if the applicant makes payment of Rs.38,57,2491- defaulted EM! amounts in three equal installments, first installment is to be paid by the end of
January, 2012, second installment is to be paid by the end of the February, 2012 and third installment is to be paid by the end of March, 2012 and file an affidavit-cum-undertaking today itself to this effect. However, it is made clear that in case the applicant fails to comply with any ofconditions the respondent bank shall be at liberty to proceed further in accordance with law. "
Since the first installment has been paid in accordance with the
DRT's order and the learned counsel for the respondents assures this
Court that balance payment as directed by the DRT shall also be paid, present application is disposed of with liberty to applicant-petitioner to seek revival of the petition in case the aforesaid order passed by the
DRT is breached.
FEBRUARY 07, 2012 m CO.PET 42512010 Page 2 o/2
Mr. Rajesh Yadav, learned counsel for the respondents states that after the present application for revival had been filed, the Debts
Recovery Tribunal-II, Delhi (for short 'DRT') on lih January, 2012 has passed the following order:-
"Having heard the contentions of the ld. counsels for the parties, the bank is directed to file its reply in detail giving the affidavit about the penal interest and whichever it has been capitalized and also about foreclosure charges as clause within four weeks with advance copy to the ld. Counsel
CO PET 42512010 Page I o/2 - .
\l L...
_._ ..a. .... ~ ............ ..&....- ..& .... 1.&... -U.-l · · - - • ' ....! ..&.. for the applicant. However, in the meantime bank shall not take possession of the property if the applicant makes payment of Rs.38,57,2491- defaulted EM! amounts in three equal installments, first installment is to be paid by the end of
January, 2012, second installment is to be paid by the end of the February, 2012 and third installment is to be paid by the end of March, 2012 and file an affidavit-cum-undertaking today itself to this effect. However, it is made clear that in case the applicant fails to comply with any ofconditions the respondent bank shall be at liberty to proceed further in accordance with law. "
Since the first installment has been paid in accordance with the
DRT's order and the learned counsel for the respondents assures this
Court that balance payment as directed by the DRT shall also be paid, present application is disposed of with liberty to applicant-petitioner to seek revival of the petition in case the aforesaid order passed by the
DRT is breached.
FEBRUARY 07, 2012 m CO.PET 42512010 Page 2 o/2
JUDGMENT