Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: OMP (I) (COMM) No.483/2023
Mahavir Transmission Limited
vs.
M/s VSPL Energy Pvt. Ltd. & Ors.
18.11.2023
File taken up today on an application U/s 151
CPC filed on behalf of petitioner.
Present: Sh. Harshit Agarwal and Sh.Hunny Parashar,
counsels for the petitioner.
Sh. Shubham Mishra, counsel for the respondents
No.1 and 3 to 6.
Sh. Anoop P.Tripathi and Sh. Apaan Mittal, counsels
for respondent No.2.
An application U/s 151 CPC filed on behalf of
petitioner seeking urgent direction against the defaults committed
by the respondents along with photocopies of dishonored cheque.
Counsel for respondent no.1 submits that due to
financial difficulty, the first cheque issued by the respondent no.1
was dishonored and that a sum of Rs.30,83,246.75 has been
transferred in the account of petitioner on 17.11.2023 through
RTGS. He further states that respondent no.1 shall abide by
undertaking given by their AR on 18.10.2023 in future and shall
ensure that the remaining three cheques are duly honoured.
Counsel for petitioner affirms that a sum of
Rs.30,83,246.75 has been transferred in the account of petitioner
on 17.11.2023 through RTGS. He, however, states that the
amount was transferred only because matter was listed today for
hearing pursuant to urgent application filed by petitioner. He
prays that date of 05.02.2024 be cancelled and matter be listed
near about the date of remaining three cheques so that respondent
no.1’s conduct is brought out.
Contd...2/-
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Heard. Since the respondent no.1 has already
transferred amount equivalent to dishonored cheque in account of
petitioner, the application filed on behalf of petitioner is
disposed of. However, considering the apprehension expressed
by the counsel for petitioner, matter be listed on 05.12.2023,
05.01.2024 and 05.02.2024 for report regarding payment in
respect of the remaining three cheques issued by respondent no.1
to the petitioner.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
18.11.2023
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