2020 (11) TMI 518

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....urt appeal against the order dated 19.04.2018 passed by the learned Company Judge in C.A.No.243 of 2017 in C.P.No.303 of 2010 (M/s. Packmakers Containers Private Ltd., -Vs- M/s. Rayalaseema Commodities Limited (Formerly M/s.Sudarshan Overseas Ltd., the Company in liquidation represented by the Official Liquidator). 3. By the impugned order, the learned Company Judge has passed the following order. "5. In such a view of the matter, the application stands ordered in the following terms: 1. The applicant is granted leave to proceed with the suit in C.S.(OS) No.1719 of 2009 on the file of the High Court of Judicature at Delhi. 2. The order is subject to the order to be passed on the application to be filed by the applicant before the Hig....

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....st the suit before the Delhi High Court and even if decree is passed against the plaintiff / appellant, the plaintiff / appellant has to take it before the Delhi High Court for execution, where also the Company in liquidation at Madras will have to represent the case. Therefore, he submitted that the plaintiff / appellant is ready and willing to reimburse the cost of contesting the said suit at Delhi High Court on behalf of the respondent Official Liquidator (company in liquidation) and an initial deposit of a sum of Rs. 3,00,000/- shall be made by the plaintiff / appellant Company with the Official Liquidator attached with the Madras High Court. 7. The Official Liquidator and the learned counsel appearing on behalf of the Official Liquida....

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.... the account of the same being furnished by the said Official Liquidator before the Hon'ble Company Judge as well as to the appellant / plaintiff. We consider it appropriate to consider the said request of the appellant / plaintiff. 10. Accordingly, we direct that the appellant / plaintiff shall make a deposit of Rs. 3,00,000/- by way of a Demand Draft in favour of the Official Liquidator, Madras within a period of three weeks from today, after obtaining due acknowledgement thereof. The account of the expenses incurred for the same and further deposits, if any required, will be governed by the orders to be passed by the learned Company Judge. 11. Accordingly, we dispose of the present appeal and while maintaining the first two directi....