This order dismisses a winding-up petition as withdrawn after the respondent undertook to pay a balance settlement amount within two months, subject to a liberty clause.
Liberty granted to revive the winding-up petition in case of any default by the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~CP-16
COLENEL RAMES CHANDRA GUPTA(RETD.)..... Petitioner
Through Mr.V.V.Manoharan and Mr.Shailaja Singh, Advs.
versus M/S ADEL LANDMARKS LTD. ..... Respondent Through Mr.Manoj K.Singh, Mr. Nilava Bandyopdhyay and Ms.Bornali Roy, Advs.
CORAM: HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
%
03.01.2018
Learned counsel for the petitioner states that in the present case, the respondent had initially given some post dated cheques for Rs.35,66,761/- as settlement amount. These cheques were returned unpaid. However, he submits that presently they have been paid Rs.31,26,568/- leaving a balance of Rs.4,40,193/-. He submits that in case this amount is paid, the claim of the petitioner would stand satisfied.
Leaned counsel for the respondent on instructions undertakes that the balance payment of Rs.4,40,148/- shall be paid within two months from today.
In view of the above, learned counsel for the petitioner seeks to withdraw the petition.
Petition is dismissed as withdrawn.
In case there is any default on the part of the respondent, liberty is granted to the petitioner to take steps as per law including revival of the
present winding up petition. All pending applications also stand dismissed.
JANUARY 03, 2018/rb JAYANT NATH, J
COLENEL RAMES CHANDRA GUPTA(RETD.)
M/S ADEL LANDMARKS LTD.
JAYANT NATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
