Delhi High Court
M/S Kapur Enterprises vs M/S H.P. Knitting & Finishing ... on 13 February, 2009
Author: Gita Mittal
IN THE HIGH COURT OF DELHI
Company Petition No.69/2007 & Co.A. No.331/2007
Date of decision: 13th February, 2009
M/s Kapur Enterprises ... Petitioner
through: Mr. Anil K. Kher, Sr. Adv. with
Mr. Rakesh Bhardwaj,
VERSUS
M/s H.P. Knitting & Finishing Mills Pvt. Ltd. .... Respondent
through: Mr. Nishit Kush, Adv. with Mr. Sanjeev
K. Ballyan, Adv. for the Respondent.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL.
1. Whether reporters of local papers may be allowed to see
the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the Digest?
+ Co.P. No.69/2007 & Co.A. No.331/2007
*
1. Learned counsel for the parties submit that Mr. Sushil Kapur,
the sole partner of the petitioner and Mr.Yogesh Kumar, the
managing director of the respondent, who are duly authorised on
behalf of the parties, are present. It is submitted that the parties
have arrived at a settlement which has been reduced to writing by
way of compromise agreement dated 11th February, 2009. The
same has been filed in court.
Contd.....P/2
2. It is stated by learned counsel for the parties that the
compromise in writing bears the signatures of both the authorised
representatives on all pages and is duly witnessed by its counsels.
The settlement is in writing and appears to be voluntary, there is
no legal impediment in taking the same on record.
3. In terms of the settlement, the respondent has agreed to pay
a total amount of Rs.7,00,000/- in full and final satisfaction of all
claims of the petitioner against the respondent.
4. It is stated that in view of the settlement, the respondent in
any case will not pursue the complaint lodged by him. In terms of
the settlement, learned counsel for the respondent has handed
over an amount of Rs.25,000/- in cash; twenty three post dated
cheques of Rs.25,000/- each starting from 25th March, 2009 to 25th
January, 2011 being cheque nos.014841 to 014863; six post
cheques of Rs.15,000/- each starting from 25th February, 2011 to
25th July, 2011 and one post cheque of Rs.10,000/- dated 25th
August, 2011, which are mentioned in para 2 of the settlement.
5. Learned counsel for the respondent has given an assurance
and undertaking to this court that the cheques shall be honoured
on presentation, which is hereby accepted.
Contd.....P/3
6. On receipt of the amount of settlement of Rs.7,00,000/-, the
petitioner has agreed to withdraw the winding up petition as well
as the criminal complaint filed under Section 138 of the
Negotiable Instrument Act read with Sections 468, 471 & 420 of
the Indian Penal Code. It has also been agreed and undertaken
by the petitioner and the respondent to take steps for quashing of
the FIR No.330/2007 registered by the police station Lahori Gate
at the instance of the petitioner and FIR No.244/2008 registered
by the police station Sarai Rohilla at the instance of the
respondent. The parties shall not prosecute the cases arising out
of these FIRs.
7. The parties shall remain bound by the undertakings which
are accepted and the terms of the settlement.
8. In view of the settlement arrived at between the parties, a
prayer is made on behalf of the petitioner for leave to withdraw
this petition and application.
The petition and application are, accordingly, dismissed as
withdrawn.
February 13, 2009 GITA MITTAL, J
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