M-TECH DEVELOPERS LTD. Vs. SWAPNA BHATTACHARYA

JUDGEMENT

(1.) This appeal is directed against the order dated 22.01.2014 passed by the learned Company Judge in Company Petition No.54/2013 whereby the learned Company Judge directed the Registry of this Court to release the amount of Rs. 3,75,000/- deposited by the Appellant herein along with interest accrued, to the Respondent. In addition, the Appellant was directed to pay simple interest at the rate of 12% per annum from the date of the receipt of the amount till the date of deposit. The Appellant was further directed to pay the interest within a period of four weeks from the date of the passing of the impugned order, failing which the winding up petition would stand admitted and necessary orders would follow.

(2.) At the outset, Mr. Raman Duggal, the counsel for the Appellant stated that though it had been asserted in the appeal that the Respondent had annexed a wrong Brochure with the Company Petition to mislead the learned Company Judge and the said Brochure was applicable for Bookings which had been made after 16.09.2006, he does not press the said averment and the Brochure annexed by the Respondent in the Company Petition be taken to be the correct Brochure.

(3.) On the aforesaid basis, we have heard the learned counsel for the parties.