The High Court of Delhi disposed of two winding up petitions, ruling that parallel proceedings are inappropriate due to payments being made under an existing execution petition, and granted liberty for revival.
Petitions disposed; liberty granted to petitioner for revival in eventuality something survives.
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-1 & 2
GALGOTIA HOTELS AND RESORTS PVT.LTD .... Respondent Through Mr. Sunil Dalal, Ms. Sangeeta Sondhi and Mr. Ashish Sharma, Advs.
GALGOTIA PUBLICATION PVT.LTD. ..... Respondent Through Mr. Sunil Dalal, Ms. Sangeeta Sondhi and Mr. Ashish Sharma, Advs.
CORAM: HON'BLE MR. JUSTICE JAYANT NATH O R D E R % 10.01.2019
Learned counsel for the respondent states that the subject matter of the present winding up petitions is also the subject matter of an award passed in favour of the petitioner. He submits that in the execution petition that was filed pursuant to the award, the respondent has been regularly making payment to the decree holder of the award.
In view of the above, as the payments are being realized/ made by the respondent to the petitioner in the execution petition, it would not be appropriate to let the petitioner carry on two parallel proceedings. The
present petitions are disposed of. Liberty is granted to the petitioner to seek revival of these petitions in the eventuality something survives.
JAYANT NATH, J.
JANUARY 10, 2019/ sk
S.E. Investments Limited
Galgotia Hotels And Resorts Pvt.Ltd
Galgotia Publication Pvt.Ltd
Jayant Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
