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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4000/2010
% Judgment delivered on:10th October,2011
NEPC INDIA LTD ..... Petitioner
Through: Mr.Ajay Kumar
Aggarwal, Adv.
Versus
GOVT OF NCT OF DELHI ..... Respondent
Through:Ms.Rajdipa Behura,
APP for State.
Mr.Vaibhav Sharma, Adv.
for R-2/complainant
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers
may be allowed to see the judgment? NO
2. To be referred to Reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
SURESH KAIT, J. (Oral)
Crl.M.A.11990/2011 (Early Hearing)
1. At joint request matter is taken up for further proceedings. The date already fixed i.e. 08.11.2011 is cancelled.
2. Crl.M.A.11990/2011 is allowed. CRL.M.C. 4000/2010 Page 1 of 6 CRL.M.C. 4000/2010
1. Vide order dated 09.05.2011 the present matter was referred to Mediation and Conciliation Centre at High Court of Delhi.
2. Parties appeared before the Mediator and they settled their issues vide settlement agreement dated 26.08.2011.
3. Respondent No.2, New Delhi Institute of Management Studies has placed order of supply of solar genset with the petitioner company for a total consideration of `2,50,00,000/- (Rupees Two Crores Fifty Lakhs Only) and paid an advance of `45 lakhs towards the same.
4. Dispute arose between the parties and the following proceedings were filed by the parties against each other as under :
"a) CS No.794/2010 titled as "M/s NEPC India Ltd. Vs. the Chairperson, New Delhi Institute of Management Studies" in the High Court of Judicature at Madras.
b) A complaint case bearing No.80/2010 titled as "New Delhi Institute of Management Studies Vs. M/s NEPC India Ltd. & Ors." Pending before the State Consumer Dispute Resolution Forum, ITO, New Delhi.
c) FIR No.557/09 under Section 406/420 IPC at PS Okhla Phase-I against which the present Criminal Miscellaneous (Main) No.4000/2010 was filed before this Hon'ble Court for quashing the aforementioned FIR."CRL.M.C. 4000/2010 Page 2 of 6
5. As ordered Ms. Ansuya Salwan has filed her report dated 26.08.2011 wherein both the parties have settled all the issues as under :
a) The petitioner, M/s NEPC India Ltd. has agreed to pay an amount of Rs.45,00,000/- (Rupees Forty Five Lakhs Only) to the Respondent No.2, New Delhi Institute of Management Studies in full and final settlement of their claim to its payment made for purchase of solar genet.
b) The Petitioner would make payment of Rs.45,00,000/- (Rupees Forty Five Lakhs Only) by means of Demand Draft which would be payable on or before the following dates :-
i) Rs.15,00,000/- would be paid on or before 15.09.2011.
ii) Rs.15,00,000/- would be paid on or before 10.10.2011.
iii) Rs.15,00,000/- would be paid on or before 30.10.2011.
c) On instructions, the counsel for the Petitioner Company undertakes that the dates mentioned above would be adhered to by the Petitioner Company.
d) On receipt of the aforesaid payments as mentioned in para (b), the Respondent Company undertakes to move an application within 4 weeks for withdrawal of proceedings initiated by her before the State Consumer Dispute Resolution.
e) That the Petitioner has agreed to move an application within 4 weeks on receipt of the last payment to withdraw the suit filed by the Petitioner before the High Court of Judicature at Madras.CRL.M.C. 4000/2010 Page 3 of 6
f) That the Respondent No.2, on receipt of the payment of Rs.45,00,000/- (Rupees Forty Five Lakhs Only) as above would make a statement before the Hon'ble Court in Criminal Miscellaneous Main No.4000/2010 with respect to the settlement and for quashing of the above said FIR against the Petitioner Company and its Directors named in the FIR.
g) That both the parties agreed that after payment has been received, both parties will have no claim towards each other and will not file any future claim in this regard and all the pending litigations shall come to an end."
6. Respondent No.2 in amended memo of parties have issued Authority Letter in the name of S.Kumar (Raju) under the signature of Mrs. Bindu Kumar, Chairperson of respondent No.2/complainant. Mr. S. Kumar (Raju) is personally present in Court and has placed on record Authority Letter dated 10.10.2011 issued by respondent No.2. He is authorised to make a statement and to act as per the said settlement agreement dated 26.08.2011. The settlement agreement dated 26.08.2011 and Authority Letter dated 10.10.2011 is taken on record.
7. As per the settlement mentioned above, the entire amount of `15 lakhs has been paid on 30.09.2011 and `30 lakhs has been paid in Court vide following cheques : CRL.M.C. 4000/2010 Page 4 of 6
i)cheque bearing No.237048 dated. 17.09.2011 `9,00,000/- in favour of New Delhi Institute of Management Studies drawn on Lakshmi Vilas Bank.
ii) cheque bearing No.237049 dated. 17.09.2011 `6,00,000/- in favour of New Delhi Institute of Management Studies drawn on Lakshmi Vilas Bank.
iii) cheque bearing No.237039 dated. 16.09.2011 `9,00,000/- in favour of New Delhi Institute of Management Studies drawn on Lakshmi Vilas Bank.
iv) cheque bearing No.237047 dated. 16.09.2011 `6,00,000/- in favour of New Delhi Institute of Management Studies drawn on Lakshmi Vilas Bank.
8. Respondent No.2 has accepted the same without any protest.
9. He submits that since all the issues have already been settled, therefore, he has no objection if the FIR No.557 dated 31.12.2009 under Section 406/420 Indian Penal Code, 1860 registered at PS Okhla Industrial Area and the proceedings emanating therefrom are quashed. CRL.M.C. 4000/2010 Page 5 of 6
10. Keeping in view the statement of respondent No.2, I quash FIR No.557 dated 31.12.2009 under Section 406/420 Indian Penal Code, 1860 registered at PS Okhla Industrial Area and the proceedings emanating therefrom.
11. CRL.M.C.4000/2010 is allowed.
12. Dasti.
SURESH KAIT, J October 10, 2011 Vld CRL.M.C. 4000/2010 Page 6 of 6