Vasant Raj Pandit vs Rahul Jain
2018 Latest Caselaw 6805 Del

$~22
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Date of Order: 15.11.2018
+                     CM (M) No.1087/2018
        VASANT RAJ PANDIT                      ..... Petitioner
                     Through:            Mr.Jagdev          Singh    and
                                         Mr.Sachin Saini, Advocates.

                           versus

        RAHUL JAIN                                 ..... Respondent
                           Through:      Mr.Arun Kumar, Advocate.

        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL

1.      Settlement agreement dated 13.11.2018 has been received from
        the Delhi High Court Mediation and Conciliation Centre by
        which the matter has been amicably resolved and settled
        between the parties.        It is worth mentioning that while
        considering the bail application No.689/2005 in a case
        registered against the petitioner vide FIR No. 57/2005 under
        Section 406/420 IPC at Police Station Sarojini Nagar, on
        15.04.2015, this Court has directed the petitioner to deposit
        Rs.30 lacs within four weeks with the Registry of this Court,
        without prejudice to the rights and contentions of the parties.
        This amount is stated to be lying deposited with the Registry of
        the Court.


CM (M) No.1087/2018                                        Page 1 of 3
 2.      The respondent filed a Civil Suit bearing No.623/2005 (new
        No.31 of 2016) for recovery of Rs.42,59,309/- against the
        petitioner on account of his commission charges. Both the
        learned counsel submit that maturity of the amount deposited in
        the FDR by the petitioner is approx. Rs.82 lacs.
3.      On 19.07.2018 in the said criminal case registered against the
        petitioner, seven victims appeared before the learned CMM,
        South, Saket Courts, New Delhi and the offence was
        compounded with them. The other four victims appeared on
        10.8.2018 before Ld. CMM and the offence in relation to them
        was compounded by the petitioner. The total amount, thus,
        settled with the 11 victims is Rs.10,20,000/- which is also
        reflected on page 2 of the settlement agreement.
4.      It is agreed between the petitioner and the respondent that a sum
        of Rs.33 lacs shall be payable by the petitioner to the
        respondent in full and final settlement of all claims of the
        respondent/plaintiff.
5.      In that circumstances, the amount of Rs. 33 lacs as settled
        between the petitioner and the respondent may be released to
        the respondent, by the Registry.
6.      In view of the settlement, the petition stands disposed of. The
        civil suit filed by the plaintiff also stands disposed of
        accordingly. The respondent/plaintiff shall withdraw his
        criminal complaint as per the mediation settlement.




CM (M) No.1087/2018                                           Page 2 of 3
 7.      At this stage, learned counsel for the petitioner requests that rest
        of the amount be released to him. For this purpose, the
        petitioner may move necessary application before the concerned
        CMM.
8.      Dasti under the signature of Court Master.



                                                       VINOD GOEL, J.

NOVEMBER 15, 2018 'sandeep'