IN THE HIGH COURT OF JUDICATURE AT PATNA Comp.App.(DB) No.16 of 2008 RAM BAHADUR THAKUR LTD., a Company Registered under the Companies Act, Having its Registered Officer at Jitwarpur Kothi, Samastipur, Bihar………Respondent/Appellants Versus J.THOMAS & CO.PVT.LTD. A Company registered under the Companies Act, 1956, having its Registered office at Nilhat House 11, R.N. Mukherjee Road, Kolkata, 700 001 (W.B.)………Petitioner/Respondents ----------- 8. 24-Jul-09 Heard the parties. 2. For the purpose of disposal of the present I.A. bearing No.4462 of 2009, it is not necessary to go into the detailed facts of the case. It will suffice to record that on 20th May, 2009 this Court passed an order in Company Appeal No.16 of 2008 granting by way of last indulgence time to the appellant to deposit a demand draft of 50 Lacs in favour of Registrar General by 23rd of May, 2009 and on such deposit within time the last date for paying balance amount of Rs.1 Crore to the Registrar General of this Court shall stand extended till 10th of July, 2009. 3. It was clarified that as in the past the money deposited with the Registrar General 2 shall be paid to the respondents as soon as the money is available for being paid. 4. It has been submitted that the demand draft of Rs.50 Lacs in favour of Registrar General was deposited by 23rd May, 2009 and as a result the appellant had time till 10th July, 2009 to deposit the balance amount of Rs.1 Crore but since the time granted by this Court was less than the time for which prayer had been made by the appellant, the appellant moved the Apex Court by preferring Special Leave to Appeal (Civil) No.15127/09). 5. As appears from Annexure-4 to the present I.A the Apex Court passed an order on 9th of July, 2009 for listing the matter on 20th of July, 2009 and time for payment was extended till then. It was clarified that petitioner would be at liberty to make part payment during that period itself. Annexure-5 to the present I.A contains final order of the Supreme Court in the aforesaid Special Leave to Appeal. That order 3 dated 20th July, 2009 is in following terms:- “Learned counsel for the petitioner states that the balance amount of rupees one crore would be deposited in the High Court within one week. We express no opinion. The Special Leave Petition is dismissed. Liberty to the petitioner to move the High Court, if so advised, with regard to the said deposit.” 6. Learned counsel for the appellant submits that the appellant deposited a demand draft worth Rs.50 Lacs before the Registrar General of this Court by 20th July, 2009 but the remaining amount of Rs. 50 Lacs could not be deposited on that date because of late receipt of the demand draft by the counsel for the appellant. The counsel has produced before this Court two demand drafts both dated 20th July, 2009 to show that the remaining amount of Rs.50 Lacs had been made ready for payment to Registrar General, Patna High Court by 20th July, 2009 but since the demand drafts were received by the counsel late in the evening after court hours, the same could not be deposited with the Registrar General on that date. 4 7. The only question before this Court is whether to permit the deposit of the aforesaid Rs.50 Lacs with the Registrar General of the Patna High Court or not. Considering the liberty granted by the Apex Court in the final order dated 20th July, 2009 and the fact that demand drafts for the remaining amount of Rs.50 Lacs are dated 20th July, 2009 which was the last date for deposit of the said amount as fixed by the Apex Court and the fact that learned counsel for the respondents has no objection to the deposit of the aforesaid amount, the prayer on behalf of the appellant is allowed. 8. The Registrar General of Patna High Court is directed to accept the demand drafts for the remaining amount of Rs.50 Lacs if presented before him by 29th July, 2009. The counsels for the parties are in agreement that now the entire amount required to be deposited by the appellant i.e. Rs. 6.5 Crores has been deposited. In view of such statement the appeal 5 itself is finally disposed of in terms of order passed in this appeal on 24.10.2008 to the extent modified by subsequent order passed by this Court extending the time period for deposit of the entire money. 9. It is made clear that as a consequence of disposal of this appeal and the fact that entire payment has been made, the order dated 31.7.2008 in Company Petition No.6/06 would now be treated as infructuous. perwez (Shiva Kirti Singh, ACJ.) (Anajana Prakash,J.)