High CourtsDivision Bench(2021) 09 DEL CK 0283

V.K. Sharma vs Hoffland Finance Ltd. (In Liqn.) & Ors

Delhi High Court · Decided on 20 September 2021

HON’BLE JUDGES
Rajiv Shakdher, J · Talwant Singh, J
RESULT
Disposed Of
CASE NUMBER
Company Appeal No. 6 Of 2020, Civil Miscellaneous No. 7317-7319 Of 2020, 12164-12165 Of 2021

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Judgment

6 paragraphs · 237 words

Rajiv Shakdher, J

1.

Mr. Jayant Mehta, leaned senior counsel, on instructions received from Mr. Dheeraj Gupta, who is the counsel-on-record for the appellant, says that, he would like to withdraw the above-captioned appeal, and press the application [i.e., C.A. No.230/2015 filed in C.P. No.351/1999], which is pending adjudication before the learned company Judge.

1.1. Mr. Mehta says that, via the aforementioned application, the appellant wishes to bring to fore the aspect, which is, that, Goga Foods Ltd. is a company, which is, a part of the JVG Group of Companies, and not Hoffland Group of Companies.

2.

Ms. Ruchi Sindhwani, learned standing counsel, who appears on behalf of the Official Liquidator (in short ''OL''), says that, she would have no objection to the above-captioned appeal being withdrawn, and if the appellant wishes to press the aforementioned application, this Court should make it clear that the same should be decided, as per law, and after hearing the contentions of both the sides.

3.

Accordingly, the above-captioned appeal is dismissed as withdrawn with liberty to the appellant to press the aforementioned application before the learned company judge. Consequently, pending applications shall also stand closed.

4.

Needless to add, since we have not examined the matter on merits, the learned company judge will decide the aforementioned application, if it were to be pressed by the appellant, as per law, and after hearing the contesting parties which includes the OL.