THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO COMPANY APPLICATION No. 1140 of 2009 IN COMPANY PETITION No. 10 of 2008 O R D E R: This Application has been moved seeking further directions in Company Petition No. 10 of 2008, for withdrawing a sum of Rs.83,867/- lying with the Registrar (Judicial) of this Court to the credit of the above said Company Petition, by the applicant-petitioner herein. The parties to the dispute have entered into a compromise during the pendency of Company Petition No. 10 of 2008 and accordingly, a joint memo dated 28th April 2009 has been filed into the Court. However, in the joint memo, it was mentioned that the respondent in Company Petition No. 10 of 1998 has deposited a sum of Rs.2 lacs only with the Registrar (Judicial) and that he will pay the balance amount of Rs.83,867/- by way of crossed account payee demand draft drawn in favour of the petitioner in the Company Petition within one week. Accordingly, recording the said undertaking, Company Petition No. 10 of 2008 has been disposed of by this Court on 4th June 2009, directing the Registrar (Judicial) to transmit the proceeds of Rs.2 lacs deposited by the respondent in the Company Petition to the petitioner, by Registered Post. The Registrar (Judicial) had complied with the orders passed by this Court and transmitted the sum of Rs.2 lacs only to the petitioner in the Company Petition. When the petitioner took up the matter with the respondent, for the balance amount of Rs.83,667/-, it was brought to his notice that the amount that was deposited before this Court was not Rs.2 lacs, but Rs.2,83,667/- and hence, the petitioner was asked to take necessary steps in the matter for withdrawing the balance amount also. In these set of circumstances, the present Company Application has been moved. I have heard learned counsel on either side. Learned counsel for the respondent submits that it was inaccurately and incorrectly mentioned in the joint memo that the respondent in Company Petition No.10 of 2008 has deposited only a sum of Rs.2 lacs with the Registrar (Judicial) and it ought to have mentioned that a sum of Rs.2,83,667/- which is due and entitled to be paid to the petitioner has been deposited. Due to this error, in Company Petition, which was disposed of on 4th June 2009, the Registrar (Judicial) was directed to transmit the sum of Rs.2 lacs. It is, therefore, appropriate now to direct the Registrar (Judicial) to transmit the balance amount of Rs.83,667/- also to the petitioner in Company Petition No. 10 of 2008 by Registered Post immediately. In case, the amount deposited by the respondent has earned any interest, the Registrar (Judicial) may also transmit the same to the petitioner. The Company Application is ordered accordingly. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 3rd November 2009 ksld