Somesh Kumar Bishnoi vs Capital Builder Private Ltd.
2019 Latest Caselaw 453 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           Date of Order: January 23, 2019

+     CRL.M.C. 4511/2017, Crl.M.A. 31911/2018
+     CRL.M.C. 4516/2017, Crl.M.A. 31909/2018

      SOMESH KUMAR BISHNOI                                   ..... Petitioner

                           Through:        Mr. Vineet Jhanji and Mr. Imran
                                           Moulaey, Advocate

                           Versus

      CAPITAL BUILDER PRIVATE LTD                           ..... Respondent

                           Through:        Mr. Koshy John, Mr. Soham
                                           Kumar and Mr. Deepak, Advocates
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   ORDER

(ORAL)

With the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common order.

Vide impugned order of 7th October, 2017 Appellate Court has directed petitioner to deposit a sum of ₹5,62,00,000/- (Rupees Five Crores Sixty Two Lakhs) with the trial court.

During the pendency of this petition, settlement has been arrived at between the parties.

Learned counsel for both the parties submit that last order of 22nd October, 2018 has been substantially complied with and,

two post dated cheques of ₹89,50,000/- (Rupees Eighty Nine Lakh Fifty thousand) bearing No. 000369 and ₹15,00,000/- (Rupees Fifteen Lakh) bearing No. 000370 both dated 20th April, 2019 have been already handed over to respondent.

Learned counsel for respondent submits that this case be posted for another date, to ensure that the aforesaid two post dated cheques (due for encashment on 20th April, 2019) are actually encashed.

In the facts and circumstances of this case, it is deemed appropriate to dispose of these petitions, with the rider that in case the aforesaid two post dated cheques are dishonoured, then the effected party is at liberty to get these petitions revived.

These petitions and applications are accordingly disposed of with aforesaid rider.

(SUNIL GAUR) JUDGE JANUARY 23, 2019 p'ma