M/S Goel Flexible Packaging Pvt Ltd v. Sh. Amit Kumar Tyagi

Delhi High Court · 16 Oct 2020 · 2020:DHC:3036
Sanjeev Sachdeva
CONT.CAS(C) 463/2020
2020:DHC:3036
civil petition_dismissed

AI Summary

The Delhi High Court recorded a settlement between parties involving payment undertakings, allowed withdrawal of the petition, and granted liberty to revive proceedings in case of breach.

Full Text
Translation output
CONT.CAS(C) 463/2020
HIGH COURT OF DELHI
JUDGMENT
delivered on: 16.10.2020
CONT.CAS(C) 463/2020
M/S GOEL FLEXIBLE PACKAGING PVT LTD .... Petitioner
versus
SH. AMIT KUMAR TYAGI ..... Respondent
HON’BLE MR JUSTICE SANJEEV SACHDEVA
Advocates who appeared in this case:
For the Petitioner : Mr. Alok Kumar, Advocate.
For the Respondent: Mr. Yogesh Swaroop, Advocate.
CORAM:-
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. The hearing was conducted through video conferencing. CM APPL.26244/2020 (for recording settlement)

2. Subject application has been filed by the parties contending that a settlement has taken place between the parties and respondent has undertaken to pay a sum of Rs. 2 crores with interest @ 10% per annum on reducing balance within a period of 9 months from 07.09.2020. A sum of Rs.15 lakhs has already been paid and a cheque in the sum of Rs.25 lakhs has been issued which is payable on 20.10.2020. It is undertaken by the respondent that the cheque shall be honoured on its presentation. 2020:DHC:3036

3. Further, it is undertaken that the balance amount of Rs.[1] crore 60 lakhs shall be paid in terms of the settlement agreement along with the interest as agreed. The undertaking is accepted.

4. Application is disposed of.

5. Learned counsel for the petitioner submits that in view of the above undertaking given by the respondent, petitioner does not wish to press the present petition at this stage. Accordingly, he seeks leave to withdraw the petition.

6. In view of the above, petition is dismissed as withdrawn.

7. However, respondent shall be bound by the undertaking and liberty is granted to the petitioner to revive this petition or initiate proceedings against the respondent in case of breach of undertaking.

8. Petition is disposed of in the above terms.

9. The next date of 19.11.2020 is cancelled.

10. The judgment be uploaded on the website forthwith.

11. Copy of the judgment be also forwarded to the counsels through email.

OCTOBER 16, 2020 SANJEEV SACHDEVA, J st