THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Company Petition No.228 of 2012 Between:
Dated 11th June, 2014 M/s.Gemini Equipment and Rentals Pvt.Ltd., And M/s.Prathusha Resources and Infra Private Limited …Petitioner …Respondent Counsel for the petitioner: Sri B.Nalin Kumar Counsel for the respondent: Sri P.Gangarami Reddy The Court made the following:
ORDER:
This company petition is filed for ordering winding up of the respondent-company for non-payment of the debt due to the petitioner. This Court by detailed order, dated 25.03.2014, admitted the company petition, but deferred publication of the advertisement to facilitate the respondent to pay the debt.
Today, at the hearing, Sri P.Gangarami Reddy, learned counsel for the respondent, stated that his client has paid the principal amount of Rs.13,40,134/- after the company petition was admitted.
Sri B.Nalin Kumar, learned counsel for the petitioner, while admitting the said fact, however, stated that his client is entitled to a further sum of Rs.5,63,123/- towards interest. He has, however, fairly stated that in view of payment of the principal amount, the company petition may be closed with liberty to his client to approach the civil Court for recovery of the interest, if his client is so advised.
In the light of the above facts and the submissions of the learned counsel for the parties, the order, dated 25.03.2014, is re- called and the company petition is closed as settled out of Court with liberty in terms of the prayer made.
As a sequel to disposal of the company petition, pending interlocutory applications shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 11th June, 2014
VGB