Citicorp International Limited vs Shiv-Vani Oil & Gas Exploration ...
2020 Latest Caselaw 1721 Del

$~VC-1
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CO. PET. 446/2013, C.A. No.194/2020 & 195/2020
    CITICORP INTERNATIONAL LIMITED
                                                    ..... Petitioner
                     Through: Mr. Sameer Sodhi, Advocate for the
                                 applicant.

                          versus

      SHIV-VANI OIL & GAS EXPLORATION SERVICES LIMITED
                                                  ..... Respondent
                     Through: Mr. Kunal Sharma, Advocate for the
                              Official Liquidator

      CORAM:
      HON'BLE MS. JUSTICE ASHA MENON
                   ORDER

% 24.04.2020

C.A. No. 194/2020 (Under Rule 6&9 of Company Court Rules, 1959) in Co. Pet. No.446/2013

1. The present application is filed by Manasvi Security Services for release of a sum of Rs.61,30,822/- against the outstanding bills for the period of September 2017 to February 2020. On 20.04.2020, the following order was passed:

" CA. No. 194/2020

This application has been filed by the petitioner with the following prayers:

"In view of the facts and circumstances of the present case it is most humbly prayed that this Hon'ble Court may be pleased to:

a) Direct the Official Liquidator to release the sum of INR 61,30,822/- (Rupees Sixty One Lacs Thirty Thousand Eight Hundred Twenty Two Only) to the Applicant against the outstanding bills for the period of September 2017 to February 2020, and

b) Direct the Official Liquidator to release 50% of the prayed amount during the pendency of the present Application; and Pass any such order / orders as this Hon'ble Court may deem fit."

Mr. Kunal Sharma, learned counsel appearing for the Official Liquidator states, he has instructions to state that bills raised by the applicant could not be verified for want of officials in the office of the Official Liquidator. His instructions are also that 50% of the amount can be released as advance subject to adjustment at later point of time. He states, he shall file an affidavit on these lines on or before Thursday, i.e., April 23, 2020 with an advance copy to the counsel for the applicant. It is ordered accordingly.

List on April 24, 2020."

2. It is stated that the affidavit has not been filed. Learned counsel for the Official Liquidator submits that as per the instructions received by him, 50% of the amount can be released immediately and the balance 50% would be paid after due verification, subject to adjustments. Ld. Counsel submits that in view of the lockdown there is no staff available to verify the records. Therefore , four weeks' time may be granted for payment after verification. Learned counsel for the applicant has no objection to this arrangement.

3. In these circumstances, the application is disposed of directing

the release of 50% of the due amount of Rs. 61,30,822/- (Rupees Sixty One Lacs Thirty Thousand Eight Hundred Twenty Two Only) within a week from today and the balance 50% amount shall be released after verification within a period of four weeks and subject to any adjustments including of the payment made vide this order.

4. The application stands disposed of.

ASHA MENON, J APRIL 24, 2020 pkb