Naresh Kohli vs Lilliput Kidswear Ltd & Anr
2015 Latest Caselaw 4795 Del

$~10.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 497/2014 and I.A. 17108/2014
     NARESH KOHLI                               ..... Plaintiff
                    Through: Mr. D.S. Rajput, Advocate with
                    Mr. Arshad Ahmad, Advocate

                        versus

      LILLIPUT KIDSWEAR LTD & ANR                 ..... Defendants
                     Through: Mr. Karthik K. R., Advocate with
                     Mr. Arjun Singh Tokas, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 07.07.2015

1. The present summary suit has been instituted by the plaintiff

against the defendants/company praying inter alia for recovery of

Rs.29,94,060/-. The defendants have filed a leave to defend

application, registered as I.A. 174108/2014.

2. Counsel for the defendants states that the Board for Industrial

and Financial Reconstruction has passed an order dated 17.02.2015 in

Appeal No.36/2014, declaring the defendant as a sick company and

registering it under Section 15(1) of Sick Industrial Companies

(Special Provisions) Act, 1985. He hands over a copy of the order

dated 17.02.2015 passed in Appeal No.36/2014 with a copy to the

counsel for the plaintiff, which is taken on record.

3. Counsel for the defendants also informs the Court that vide

order dated 06.01.2014 passed by the Company Court in

CO.PET.66/2012 entitled M/s China Trust Commercial Bank vs. M/s

Liliput Kidswear Limited, the Official Liquidator has been appointed as

the provisional liquidator to take charge of all the assets of the

respondent/company. The aforesaid decision dated 06.01.2014

pronounced in CO.PET. 66/2012 is also handed over with a copy to the

counsel for the plaintiff, which is taken on record.

4. Counsel for the plaintiff states that he may be permitted to

withdraw the present suit while reserving his right to seek his

remedies against the defendants/company in accordance with law.

5. Leave, as prayed for, is granted. The suit is disposed of

alongwith the pending application.

HIMA KOHLI, J JULY 07, 2015 rkb