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$-25-26 HIGH COURT OF DELHI
O.M.P.(I)286/2015 &IA 3961/2016
S.P.CONTRACTSPVT.LTD. Petitioner
Through:Mr.ManjitSingh Ahluwalia;Adv.
O.M.P.(I)286/2015 &IA 3961/2016
S.P.CONTRACTSPVT.LTD. Petitioner
Through:Mr.ManjitSingh Ahluwalia;Adv.
VERSUS
A.N.BUILD WELLPVT.LTD. Respondent
Through:nemo 26y ARB.P.619/2015 &lA 3960/2016
S.P.CONTRACTS PVT.LTD. Petitioner
Through:Mr.Manjit Singh Ahluwalia,Adv.
Through:nemo 26y ARB.P.619/2015 &lA 3960/2016
S.P.CONTRACTS PVT.LTD. Petitioner
Through:Mr.Manjit Singh Ahluwalia,Adv.
VERSUS
A.N.BUILDWELLPVT.LTD. Respondent
Through:Nemo
Through:Nemo
CORAM:
HON'BLE MR.JUSTICE NAVIN CHAWLA
16.03.2018 Counsel for the petitioner submits thatthe respondent company is underliquidation and an Official Liquidator has been appointed.
In view ofthe above, the present petition would no longer be maintainable without the leave ofthe Company Court. The present petitions are disposed of, granting liberty to the petitioner to'file its claim before the Official Liquidator appointed by the Company Court.
This Court vide its order dated ll'^ October, 2017 had passed the following direction:-
2018:DHC:8906 n "Till the next date of hearing, the respondent/Official Liquidator will ensure that the equipments which asper thepetitioner are lying atSpire
Woods, Sector 103, Gurgaon as detailed in page 7oflA
No. 3961/2017 shall not be sold or parted with possessionfrom thesaidpremises."
The interim order shall continue for a further period of four weeks to enable the petitioner to take appropriate steps and/or seek release ofthe equipmentfrom the Company Court.
In view ofthe above,there would be no occasion to appoint a substitute Arbitrator for adjudicating the disputes that have arisen between the parties. Liberty is granted to the petitioner to approach the Company Courteven in this regard.
The petitions and applications are disposed of in the above terms.
Dasti.
NAVIN CHAWLA,J MARCH 16,2018 RN 2018:DHC:8906
16.03.2018 Counsel for the petitioner submits thatthe respondent company is underliquidation and an Official Liquidator has been appointed.
In view ofthe above, the present petition would no longer be maintainable without the leave ofthe Company Court. The present petitions are disposed of, granting liberty to the petitioner to'file its claim before the Official Liquidator appointed by the Company Court.
This Court vide its order dated ll'^ October, 2017 had passed the following direction:-
2018:DHC:8906 n "Till the next date of hearing, the respondent/Official Liquidator will ensure that the equipments which asper thepetitioner are lying atSpire
Woods, Sector 103, Gurgaon as detailed in page 7oflA
No. 3961/2017 shall not be sold or parted with possessionfrom thesaidpremises."
The interim order shall continue for a further period of four weeks to enable the petitioner to take appropriate steps and/or seek release ofthe equipmentfrom the Company Court.
In view ofthe above,there would be no occasion to appoint a substitute Arbitrator for adjudicating the disputes that have arisen between the parties. Liberty is granted to the petitioner to approach the Company Courteven in this regard.
The petitions and applications are disposed of in the above terms.
Dasti.
NAVIN CHAWLA,J MARCH 16,2018 RN 2018:DHC:8906
JUDGMENT