MR. RAJINDER KUMAR MALHOTRA Vs. MR. PARESH BIHARILAL VYAS
LAWS(BOM)-2016-2-10
HIGH COURT OF BOMBAY
Decided on February 09,2016

Mr. Rajinder Kumar Malhotra Appellant
VERSUS
Mr. Paresh Biharilal Vyas Respondents

JUDGEMENT

- (1.) The petitioner has approached this court with an allegation against the respondents that the respondents are guilty of having willfully disobeyed a direction contained in an order dated 21.10.2013 (copy whereof is at Exhibit-A to the petition), passed in Company Application (L) No.70 of 2013 in Company Appeal No.15 of 2013 (the said order). The portion of the order which the respondents are alleged to have willfully disobeyed is in paragraph-18 and it reads as under :- "..........Furthermore the amount of 12% on Rs.67.5 crores under the agreement needs to be paid. The same shall be paid within three weeks from today.........."
(2.) Admittedly this direction has not been complied with. Moreover, it is not the case of any of the respondents that they could not comply with despite efforts. It is the case of the respondents that they were not bound to comply with the said order.
(3.) The respondent nos.1 to 3 have been represented by Shri Sancheti i/by M/s.Legasis partners and respondent no.4 was represented by Shri Ankit Lohia i/by Argus Partners.;


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