JUDGMENT M. Jaichandren, J. 1. Heard the learned Senior Counsels appearing on behalf of the parties concerned. 2. At this stage of the hearing of the Original Side Appeal, Mr.M.Sekar, the Managing Director of the appellant-Company had filed an affidavit, dated 17.6.2014, which reads as follows:- “AFFIDAVIT OF M. SEKAR I. M.Sekar, son of S.Manickam aged about 52 years, residing at No.172/87, Vivekananda Salai, 3rd Cross, New Fairlands, Salem-636016 now temporarily come down to Chennai, do hereby solemnly affirm and sincerely state as follows: 1] I am the Managing Director of the Appellant Company and I am well acquainted with the facts and circumstances of the case. 2] I state that the above Appeal arises out of the order dated 07.04.2014 passed in C.P.No.123 of 2014 of this Hon'ble Court for advertisement of Company Petition No.123 of 2013 and appointment of the Official Liquidator taking over the assets of Appellant company. 3] I state that on 30.4.2014, this Hon'ble Court in the above appeal was pleased to grant an order of interim stay of the advertisement of Company Petition No.123 of 2013 and the Official Liquidator taking over the assets of Appellant subject to Appellant making a payment of Rs.50,00,000/- [Rupees Fifty Lakh Only] on or before June 1, 2014. The Appellant vide RTGS dated May 31, 2014 for Rs.50,00,000/- [Rupees Fifty Lakh Only] made the payment to the Respondent company and complied with the Hon'ble Court's order dated 30.4.2014 passed in the above appeal. 4] I state that when the subject appeal came up for hearing before this Hon'ble Court on 4.6.2014, this Appellant agreed to settle and offered schedule of payments to the Respondent company. However, I am filing this Affidavit for an undertaking to honour the payment schedule offered by this Appellant company to the Respondent company for an amicable settlement. 5] I state that the Appellant Company agrees and undertakes to make payments as per the Schedule in Annexure I to this affidavit towards full and final settlement. All payments will be made by Appellant through RTGS method. In the event of any default of any instalment [not more than on two occasions in a financial year] due to any reason beyond control, this Appellant agrees to settle the same without fail in the subsequent instalment as per the schedule in Annexure I to this affidavit. All payments will be made by Appellant through RTGS method. In the event of any default of any instalment [not more than on two occasions in a financial year] due to any reason beyond control, this Appellant agrees to settle the same without fail in the subsequent instalment as per the schedule in Annexure I to this affidavit. 6] I state that the Appellant company also agrees and undertakes to furnish to the Respondent company the Tax Deducted at Source [“TDS”] certificates for all the past payment[s] made to Respondent for which TDS Certificates have not been furnished, within a period of two weeks from this date except for the payment of Rs.50,00,000/- [Rupees Fifty Lakh Only] which was made in pursuance of the Order dated April 30, 2014 in O.S.A.No.126 of 2014, for which Appellant agrees to provide Respondent the TDS certificates on or before June 30, 2014. Further with respect to all payments to be made as per the Schedule in Annexure I to this affidavit, Appellant agrees to deduct TDS at the applicable rate and will furnish TDS certificates to Respondent every quarter without fail [For example, the TDS certificates for the installments due on July 7, 2014, August 7, 2014 or September 7, 2014 will be furnished to Respondent by Appellant not later than October 7, 2014]. 7] I state that in the event Appellant commits any default in any manner as above in making any payment as per the schedule mentioned in Annexure-I to this Affidavit, and / or fails to furnish any TDS certificate[s] on the respective dates or breaches the above undertaking in any manner whatsoever, this Appellant company agrees for the following: [a] That the interim stay of the Order dated April 7, 2014 in Company Petition No.123 of 2013 shall be vacated and Respondent shall be at liberty to proceed with the advertisement of the Company Petition No.123 of 2013, as directed by the Order dated April 7, 2014 in Company Petition No.123 of 2013. [b] To abide with any other directions to be passed by this Hon'ble Court. In the light of the above undertaking given by this Appellant it is humbly prayed that this Hon'ble Court may be pleased to dispose off the above appeal by recording our undertaking and pass such or other orders as this Hon'ble Court may deem fit and proper.” 3. In the light of the above undertaking given by this Appellant it is humbly prayed that this Hon'ble Court may be pleased to dispose off the above appeal by recording our undertaking and pass such or other orders as this Hon'ble Court may deem fit and proper.” 3. The learned Senior Counsel appearing on behalf of the respondent had submitted that the present Original Side Appeal may be closed, in view of the affidavit, dated 17.6.2014, filed on behalf of the appellant. 4. In view of the submissions made by the learned Senior Counsels appearing on behalf of the parties concerned and in view of the affidavit, dated 17.6.2014, filed on behalf of the appellant, as no further orders are necessary, the present Original Side Appeal stands closed. No costs. M.P.No.1 of 2014 is closed.