Delhi High Court
Nepc India Ltd vs Govt Of Nct Of Delhi on 10 October, 2011
Author: Suresh Kait
$~20
* 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
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."
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.
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 :
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.
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
