Full Text
HIGH COURT OF DELHI
Decision delivered on: 19.07.2024
DR. PRIYA DARSHAN GUPTA .....Appellant
Through: Mr Ankit Jain, Mr Sidhant Goel, Mr Abhishek Kotnala, Mr Aditya
Maheshwari and Mr Aditya Chauhan, Advs.
Through: Mr Hitender Kapur and Mr Yatin Dhawan, Advs.
HON'BLE MR. JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
JUDGMENT
1. After hearing learned counsel for the parties for some time, it was suggested that the matter could be settled.
2. Thereafter, learned counsel for the parties returned with instructions and agreed that the matter can be disposed of in the following terms:
(i) The appellant would pay towards full and final settlement of outstanding claims Rs.70,00,000/- to the respondent in the following manner: (a) The amount already deposited with the Registry of this Court, i.e., Rs.50,86,300/- [in FAO(COMM)No.38/2024], along with accrued interest, will be released in favour of the respondent. (b) The balance amount, i.e., Rs.19,13,700/- would be paid to the respondent via demand draft within the next ten (10) days.
(ii) All accounts concerning the partnership firm, named, M/s Gupta
Mediscan Centre [hereafter referred to as “firm”], including the claim for rendition of accounts, upon payment of the sum mentioned in para 2(i) above, shall stand settled.
(iii) With the payment of the amount mentioned in para 2(i), accounts concerning the firm, which would include the capital account, will also stand settled.
(iv) The assets [including the name of the firm] shall vest in the appellant.
(v) The property, i.e., 98, Darya Ganj, New Delhi-110002 [hereafter referred to as the “subject property”] shall solely vest in the appellant. The appellant will have complete ownership rights in the subject property. The respondent will not have any claim on the subject property.
(vi) All disputes concerning the Memorandum of Understanding (MoU)
(vii) The respondent will not have any claim whatsoever vis-à-vis the business run by the appellant from the subject property.
(viii) The original cheques, the details of which are given hereafter, which, we are told, have been filed by the appellant in suit number CS(COMM) No.132/2021, titled Anoop Gupta v. Priyadarshan Gupta pending before Shri Deepak Garg, District Judge (Comm. Court-9), Tis Hazari Courts, New Delhi, shall be returned by the said court to the appellant/defendant upon an application being moved in that behalf, after attested copies are taken on record. Sr.No. Cheque No. Cheque Date
1. 770162 30.03.2020
2. 770163 30.05.2020
3. 770165 30.07.2020
4. 770166 30.09.2020
(ix) Upon receipt of the amount mentioned in para 2(i) above, the firm shall stand dissolved. The respondent will assist in executing the relevant documents for that purpose. The bank accounts in the name of the firm shall stand closed.
(x) Furthermore, the certificates/licences issued by various statutory authorities in the name of the firm which would include the PAN Card, will also be surrendered. The respondent will take necessary steps in that behalf along with the appellant.
(xi) The aforesaid suit, i.e., CS(COMM)No.132/2021 shall be decreed in terms of the settlement arrived at today. The settlement arrived at between the parties today will not impact the right of the appellant vis-à-vis any claim that he may make qua the amounts owed to it vis-à-vis Alexis Infotech & Marketing Private Limited.
3. The parties will abide by the aforesaid settlement.
4. The appeal is disposed of in the aforesaid terms. Consequently, the pending interlocutory application shall stand closed.
RAJIV SHAKDHER, J AMIT BANSAL, J JULY 19, 2024