Delhi High Court
Ganga Yamuna Finvest Pvt Ltd (In ... vs Smc Global Securities Ltd & Ors on 19 December, 2017
$~25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
CM No.46293/2017 in
+ FAO(OS) 189/2017
% Date of decision : 19th December, 2017
GANGA YAMUNA FINVEST PVT LTD (IN LEQN) THR
THE OFFICIAL LIQUIDATOR ..... Appellant
Through : Ms Ruchi Sindhwani, Sr.
Standing Counsel for the office
of the official liquidator with
Ms. Megha, Adv.
versus
SMC GLOBAL SECURITIES LTD & ORS.... Respondents
Through : Mr. Naresh Thanai, Adv. for R-
1.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
CM No.46293/2017
1. Issue notice to the non-applicant.
2. Ms. Ruchi Sindhwani, ld. Senior Standing Counsel accepts
notice on behalf of the office of the official liquidator of the appellant-
company in the present matter.
3. This appeal lays a challenge to the order dated 16 th February,
2017 passed by the ld. Single Judge. By way of this order, the
Chamber Appeal (O.A.No.237/2016), which was filed by the appellant
against the order dated 3rd August, 2016 passed by the Joint Registrar
(Original), was dismissed on 16th February, 2017.
4. It appears that the appellant's company is in liquidation and the
provisional official liquidator was appointed by an order dated 6 th
September, 2010.
5. The suit being CS(OS)No.274/2015 SMC Global Securities
Limited vs. Sarawati Gupta & Ors. was instituted by the respondents
against the appellant as well as its directors for specific performance.
The appellant was granted time to file written statement by the order
passed on 14th December, 2015 which stood extended by the order
dated 16th May, 2016 and the matter was fixed for 3rd August, 2016 for
admission/denial of documents before the Joint Registrar.
Unfortunately, the written statement was not filed within the
stipulated time period.
6. On 3rd August, 2016 counsel for the office of the Official
Liquidator was unable to reach the court on time. As a result, by an
order of this date, the Joint Registrar closed the right of the appellant
to file the written statement.
7. Aggrieved thereby, O.A.No.237/2016 was filed which was
dismissed by the impugned order dated 16th February, 2017.
8. In the present application, the respondents had submitted that
because of pendency of the appeal, further proceedings in its suit are
being delayed. The proceedings in the suit stand adjourned to 31st
January, 2018.
9. In view thereof, the respondents submit that it does not oppose
the condonation of delay in refiling of the written statement.
10. We are informed by Ms. Ruchi Sindhwani, ld. Senior Standing
Counsel that the written statement was filed on 23rd August, 2016 vide
Diary No.205389 in the Registry, however, due to the closure of
rights, the same could not be taken on record.
11. In order to expedite the proceedings in the suit, respondents
submit that the written statement filed by the appellant be taken on
record and the appeal be allowed.
12. In view of the above submission as made in this application, it
is directed that the written statement filed by the appellant vide diary
No.205389 on 23rd August, 2016 be taken on record. In case the same
stands returned by the Registry under objection, the appellant shall
take steps to remove the objections and ensure that the same written
statement or an identical copy thereof, duly signed, is refiled on or
before 7th January, 2018.
13. Advance copy of the written statement has been enclosed with
the appeal. The respondent may file its replication thereto within the
same period.
14. List for directions before the Joint Registrar (Original) on or
before 15th January, 2018.
15. This application is allowed in the above terms.
16. The earlier fixed date of 9th April, 2018 shall stand cancelled.
FAO(OS) 189/2017
In view of the order recorded in CM No.46293/2017, the appeal
is allowed.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 19, 2017
mk
