WHITEFIELD OVERSEAS LIMITED v. KHUSHI AGRO FOODS PRODUCTS

Delhi High Court · 11 Jul 2024 · 2024:DHC:5141
Manoj Jain
CM(M) 2855/2024
2024:DHC:5141
civil petition_dismissed

AI Summary

The High Court disposed of the petition as not pressed and granted the petitioner seven weeks to deposit Rs. 30 lakhs before the Trial Court, reserving all rights and contentions.

Full Text
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CM(M) 2855/2024 1
HIGH COURT OF DELHI
Date of Decision: 11th July, 2024
CM(M) 2855/2024 & CM APPL. 37142-37144/2024 & CM APPL.
38594-38595/2024 WHITEFIELD OVERSEAS LIMITED .....Petitioner
Through: Mr. Anoop Prakash Awasthi, Ms. Prapti Singh & Ms. Parthvi Ahuja, Advocates
VERSUS
KHUSHI AGRO FOODS PRODUCTS .....Respondent
Through: Mr. M.S. Khan, Advocate (Through VC)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CM APPL. 37143-37144/2024 & 38595/2024 (exemption)
Exemption allowed subject to all just exceptions.
CM(M) 2855/2024 & CM APPL. 37142/2024 & CM APPL. 38594/2024

1. Mr. M.S. Khan, learned counsel for respondent has appeared through videoconferencing.

2. Attention of the Court has been drawn towards order dated 24.05.2024 which records that the MD of the defendant company (petitioner herein) himself made a statement before the learned Trial Court that he was ready to deposit a sum of Rs. 30 lacs in the Court without prejudice to his rights and contentions and that he be given an opportunity to contest the case.

3. In view of such specific statement made by him, the earlier order whereby the conditional leave had been granted, was modified and the CM(M) 2855/2024 2 amount was reduced from Rs. 40 lacs to Rs. 30 lacs.

4. During course of the consideration, Mr. Awasthi, learned counsel for the petitioner states, on instructions, that he does not press the present petition any further and it may be disposed of. He, however, states that petitioner may be granted a period of seven weeks from today to deposit the aforesaid amount of Rs. 30 lacs before the learned Trial Court.

5. Present petition is accordingly disposed of as not pressed. Petitioner is granted seven weeks from today to deposit the above amount of Rs. 30 lacs before the learned Trial Court.

6. Needless to say, all the rights and contentions of the parties are reserved.

JUDGE JULY 11, 2024