The Delhi High Court dismissed a petition as withdrawn after the respondent deposited cheques totaling Rs. 1.29 crore as full and final settlement. The petitioner was granted liberty to revive the petition if the cheques were dishonored.
Petition dismissed as withdrawn with liberty to revive if cheques are dishonored.
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ALFA THERM LIMITED ..... Petitioner Through: Mr. Rahul Malhotra & Mr. Lalan Sinha, Advocates.
versus
A2Z INFRASTRUCTURE LIMITED ..... Respondent
Through: Mr. Harish Malhotra, Sr. Advocate with Mr. Atul Kumar, Advocate and AR of respondent company in person.
CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R % 19.01.2017
Mr. Harish Malhotra, learned senior counsel appearing on behalf of the respondent company has handed over in court today two cheques bearing Nos.134441 and 134442 dated 05.02.2017 and 25.03.2017, in the sum of Rs.5,00,000/- and 1,24,00,000/-, respectively drawn on Union Bank to counsel appearing on behalf of the petitioner towards full and final settlement of the petitioner’s claim.
Mr. Harish Malhotra, learned senior counsel, on instructions from Mr. Ankur Gupta, Authorised Representative of the respondent company, states that the aforesaid amount is towards full and final settlement of the petitioner’s unpaid liability and assures that the aforesaid cheques shall be encashed on the due date of presentation.
Counsel appearing on behalf of the petitioner acknowledges the receipt of the said cheques, subject to enchasment thereof and seeks
leave to withdraw the petition with liberty to revive the petition in the event the cheques are dishonoured.
In view of the foregoing, the petition is dismissed as withdrawn and disposed of accordingly with liberty to the petitioner to revive the petition in the event the cheques are dishonoured.
SIDDHARTH MRIDUL, J.
JANUARY 19, 2017 ‘AA’
2 issues framed by the court
Whether the petitioner is entitled to withdraw the petition upon receipt of settlement cheques from the respondent.
Whether the petition should be dismissed as withdrawn with liberty to revive.
Alfa Therm Limited
A2Z Infrastructure Limited
Siddharth Mridul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
