Delhi High Court
Sidheshwar Prasad vs M/S Vian Infrastructure Ltd Through Mr ... on 6 February, 2024
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 06.02.2024
+ CO.APP. 2/2024 & CM APPL. 7004/2024
SIDHESHWAR PRASAD ..... Appellant
versus
M/S VIAN INFRASTRUCTURE LTD THROUGH MR SURYA
KRITICHAND THAPAR, EX DIRECTOR & ANR ...... Respondents
Advocates who appeared in this case:
For the Appellant: Mr. Uddhav Pratap and Mr. Y.R. Sharma,
Advocates.
For the Respondent: Ms. Ruchi Sindhwani, Senior Standing Counsel
with Ms. Megha Bharana, Advocate for Official
Liquidator
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 7005/2024 (condonation of delay)
For the reasons stated in the application, application is allowed.
Delay is condoned.
Application is disposed of.
1. Appellant impugns order dated 28.11.2023 whereby the
application filed by the appellant being CO. APPL. 1066/2018 has
been disposed of holding that since the appellant has already
submitted a claim before the Official Liquidator and same has already
been adjudicated, the appellant would be at liberty to file a statutory
appeal.
2. Learned counsel appearing for the Official Liquidator submits
that at the time when the impugned order dated 28.11.2023 was
passed, the claim of the appellant had been rejected because the
appellant had not produced the relevant original documents. She
submits that subsequently the Official Liquidator gave another
opportunity to all individuals whose claims had been rejected for non
filing of original documents. Appellant thereafter produced certain
original documents based on which by an order dated 05.02.2024, a
claim of appellant for Rs. 1,72,500/- has been admitted.
3. Copy of order dated 05.02.2024 is produced and the same is
taken on record.
4. Learned counsel for the appellant submits that appellant may
also have some more original documents which he could not trace out
at that point and he would make an endeavour to trace out further
original documents and produce the same before the Official
Liquidator.
5. In view of the above, the appeal is disposed of giving an
opportunity to the appellant to produce such other original documents
including receipts that the appellant may have with the Official
Liquidator within a period of one week from today.
6. In case appellant produces further original documents, the
Official Liquidator shall consider the same in accordance with law. In
case no further documents are produced by the appellant within one
week, appellant would be at liberty to take appropriate remedy, if
aggrieved by order dated 05.02.2024 in accordance with law.
SANJEEV SACHDEVA, J
FEBRUARY 6, 2024 RAVINDER DUDEJA, J
'rs'
