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Judgment
IA No. 4065 of 2023
This application is filed by the Respondent under Rule 11 of the NCLT Rules, 2016 seeking modification of the order dated 22.03.2023 passed by this Tribunal. The operative part of the order is as under:
“7. Thus, the appeal is allowed. Impugned order is set aside in view of the aforesaid settlement. The NCLT, New Delhi where the amount of Rs. 40,17,600/- is deposited in terms of order dated 05.04.2022 is directed to release to the Respondent or his authorised representative the amount of Rs. 40,17,600/ - within a period of 15 days from the date of receipt of the certified copy of this order.”
Counsel for the Applicant has submitted that a demand draft bearing DD No.671143 dated 11.04.2022 for an amount to Rs. 40,17,600/- drawn on the State Bank of India, defence colony, branch New Delhi – 110024 was deposited with the Registrar NCLT, New Delhi but later on it was found that the said demand draft was not encashed because the Registrar NCLT was not having any account.
Be that as it may, counsel for the Applicant has submitted that the order dated 22.03.2023 may be modified only to the extent that the Appellant may be allowed to take back the said demand draft from the Registrar NCLT, New Delhi and at the same time shall handover the demand draft for an amount of Rs. 40,17,600/- to the Respondent or the amount may be paid by the Appellant by way of RTGS in the account of Authorized Representative, namely, LAWYERSS INDIA, Account No. 677701010050016, IFSC Code – UBIN0539856, Bank-Union Bank of India, Branch – Noida Main Branch. In this regard, the Authorisation letter is also appended with the application as Annexure A-4.
We order accordingly.
With these modification, the present application is hereby disposed of.