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$-30 and 31 ' HIGH COURT OF DELHI
RFA(OS)(COMM)19/2017
S.TECHINFO PVT.LTD. ' Appellant
Through Mr.HarpreetSingh and Mr.Rajesh Gupta,Advs.
RFA(OS)(COMM)19/2017
S.TECHINFO PVT.LTD. ' Appellant
Through Mr.HarpreetSingh and Mr.Rajesh Gupta,Advs.
VERSUS
LORD KRISHNA BANK LTD. .....Respondent
Through Mr.Ateen Mathur,Mr.Amol Sharma and Ms.Jagriti Ahuja,Advs. /
■A . ■ AND y
Through Mr.Ateen Mathur,Mr.Amol Sharma and Ms.Jagriti Ahuja,Advs. /
■A . ■ AND y
RFA(OS)(COMM) 20/2017
S TECHINFO PVT LTD. . ^ Appellant
Through Mr. AteenMathur,Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.
' ,
S TECHINFO PVT LTD. . ^ Appellant
Through Mr. AteenMathur,Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.
' ,
VERSUS
LORD KRISHNA BANK LTD. Respondent
Through Mr. AteenMathur,Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.
Through Mr. AteenMathur,Mr. Amol Sharma and Ms. Jagriti Ahuja, Advs.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
07.02.2018 v . Learned counsel for the parties state that the appeals can be disposed of on the following consent terms:-
,i) The order and decree dated 26.04.2017 passed in eC No.191/2008 subject-matter of RFA(OS) (COMM) No.20/2017 would be partly modified as Lord Krishna Bank Limited has given up its right of interest prior to deposit of Rs.28,15,000/-, pursuant to the direction given by the Company Court. In other words, the said Bank would not be entitled to get interest @10% p.a. with effect from
2018:DHC:8771-DB I # 01.06.2005 till the date of deposit. Secondly, direction to pay cost ofcounterclaim is modified. Cost is made easy. Parties would bear their own cost. ii) Counsel for,Lord Krishna Bank Limited states that FDR of
Rs.28,15,000/- along with interest has been encashed. The decree dated 26.04.2017,as modified by consent,therefore stands satisfied. iii)In view ofthe above order, learned counsel for the S. TECH INFO
PVT LTD.seeks permission to withdraw the RFA (OS)(COMM)
19/2017. iv)Accordingly, RFA (OS) (COMM) 19/2017 is~ dismissed as withdrawn. Thus, appeal filed by the S. Techno Info Pvt. Ltd. against dismissal of CS (COMM) 313/2016 is dismissed as withdrawn.
HON'BLE MR. JUSTICE CHANDER SHEKHAR
07.02.2018 v . Learned counsel for the parties state that the appeals can be disposed of on the following consent terms:-
,i) The order and decree dated 26.04.2017 passed in eC No.191/2008 subject-matter of RFA(OS) (COMM) No.20/2017 would be partly modified as Lord Krishna Bank Limited has given up its right of interest prior to deposit of Rs.28,15,000/-, pursuant to the direction given by the Company Court. In other words, the said Bank would not be entitled to get interest @10% p.a. with effect from
2018:DHC:8771-DB I # 01.06.2005 till the date of deposit. Secondly, direction to pay cost ofcounterclaim is modified. Cost is made easy. Parties would bear their own cost. ii) Counsel for,Lord Krishna Bank Limited states that FDR of
Rs.28,15,000/- along with interest has been encashed. The decree dated 26.04.2017,as modified by consent,therefore stands satisfied. iii)In view ofthe above order, learned counsel for the S. TECH INFO
PVT LTD.seeks permission to withdraw the RFA (OS)(COMM)
19/2017. iv)Accordingly, RFA (OS) (COMM) 19/2017 is~ dismissed as withdrawn. Thus, appeal filed by the S. Techno Info Pvt. Ltd. against dismissal of CS (COMM) 313/2016 is dismissed as withdrawn.
ORDER
2. The appellant would be entitled to refund of court fee in terms of Section,16A of the Court Fees Act, 1970 in appeals bearing RFA (OS) (COMM)Nos. 19/2017 and 20/2017. The appeals are disposed of,in the above terms. ■// SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 07, 2018