DATSUN INDIA & ANR. v. STATE & ANR.

Delhi High Court · 30 Aug 2013 · 2013:DHC:6908
Kailash Gambhir
CRL.M.C. 573/2013 & CRL.M.C. 589/2013
2013:DHC:6908
civil petition_allowed

AI Summary

The Delhi High Court disposed of petitions after the petitioner complied with a court-ordered payment settlement, leading to withdrawal of complaint cases by the respondent.

Full Text
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.t u $-15 & 16 HIGH COURT OF DELHI
CRL.M.C. 573/2013 & Crl.M.A. No. 1875/2013
DATSUN INDIA & ANR. ...., Petitioners
Through Mr. Sagar Pathak and Mr. Ajay Khanna, Advs.
VERSUS
STATE & ANR.
Respondents
Through Mr. Navin Sharma, APP for the State.
Mr. Manoj Pant, Mr. Balraj and Ms. Anjana Joshi, Advs.
AND
CRL.M.C. 589/2013 & Crl.M.A. No. 1904/2013
DATSUN INDIA
Petitioner
Through Mr. Sagar Pathak and Mr. Ajay Khanna, Advs.
VERSUS
Respondent
Through Mr. Navin Sharma, APP for the State.
Mr. Manoj Pant, Mr. Balraj and Ms. Anjana Joshi, Advs.
2013:DHC:6908
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
10.04.2013 During the course of the arguments of these petitions, counsel for the petitioner on instmctions from the petitioner, who is present in Court has agreed to paybalance amount of^. 6.5 lakhs and in addition to that, a sum of Rs. 1 lakh towards interest for the delayed payment.. Counsel for the petitioner submits that the petitioner has already deposited an amount of Rs.
3 lakhs with this Court i.e. Rs. 1.5 lakhs each in these two cases and balance amount shall be paid by the petitioner to respondent No.2 through his counsel by a demand draft/pay order within a period of three months from the date ofthis order. Counsel for the petitioner fiirther submits that the petitioner undertakes not to commit any further default in the payment ofthe said balance amount of Rs. 6.5 lakhs and if for any reason the petitioner still commits a default then the petitioner will be burdened to pay a sum of Rs.
12 lakhs. Counsel further submits that the petitioner will not seek any extension of time to make the said payment of Rs. 7.5 lakhs under any circumstances. Counsel for respondent No.2 and respondent No. 2 have agreed to the said proposal.
In the light of the aforesaid position, nothing survives in the present petitions. The petitioner shall be fully bound by the said settlement arrived at between the parties in Court today and it is directed that the petitioner shall not make any kind of default in making the said payment of Rs. 7.5 lakhs to respondent No.2. Respondent No. 2 may take steps to seek release of the said Rs. 1.5 lakhs each lying deposited in this Court in these two matters.
After the said payment is made by the petitioner, respondent No. 2 shall withdraw both the complaint cases filed by him against the petitioners.
With the above directions, the present petition stands disposed of
KAILASH GAMBHIR, J APRIL 10,2013 rkr hj O \/j4j, S-^SBl
HIGH COURT OF DELHI
CRL.M.C. 589/2013
DASTUN INDIA
Petitioner
Through: Mr.Ajay Khanna, Adv.
VERSUS
Respondent
Through: Ms. Arunima Dwivedi, Adv. for Respondent No.2 with Respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
30.08.2013 CrI.M.A. 10072/2013 (Modification of Order dated 10.04.2013)
Pursuant to the directions given by this Court, Mr. Balraj, who was earlier representing the respondent, is present in Court. Mr. Balraj submits that the two drafts in question were received by Mr. Mohit Mathur, Advocate on his behalf Mr. Balraj has brought the said two drafts for an amount of Rs. 2.5 lakhs and Rs. 50,000/- respectively and the same have been handed over to the Respondent present in Court in person. With the said drafts being handed over by Mr. Balraj to the Respondent today in
Court, the order dated lO"" April, 2013 stands ftilly complied with. No ftirther orders are called for in this application.
Application stands disposed of
CRL.M.C. 589/2013 page 1 of2
•.y
CrI.M.A. 10483/2013 (Directions)
Since the matter is already disposed of, this application is dismissed having become infructuous.
AUGUST 30, 2013 ga
CRL.M.C. 589/2013 r\
KAILAStt GAMBHIR, J page 2 of2
JUDGMENT