Delhi High Court
Sh. Harpal Singh Chawla vs State & Anr. on 18 January, 2021
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.01.2021
+ CRL.M.C. 613/2020, CRL.M.A. 2527/2020 &
CRL.M.A. 4575/2020
SH. HARPAL SINGH CHAWLA ..... Petitioner
Through None
versus
STATE & ANR. .... Respondents
Through Mr. Amit Chadha, APP for State
Mr. Rama Shankar, Mr. Mohit
Aggarwal and Mr. Akshar Aggarwal,
Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. The present petition has been filed by the petitioner under Section 482
Cr.P.C. seeking quashing of the order dated 17.01.2020 passed by learned
District & Sessions Judge, Patiala House Court, New Delhi and
quashing/setting aside of order dated 21.11.2019 passed by learned MM,
South West District, Patiala House Court in CC No.11526/2019.
2. Learned counsel for respondent No.2/complainant has informed this
Court that the matter has been settled before the Delhi High Court Mediation
and Conciliation Centre on 14.01.2021 which is reproduced as under:
DELHI HIGH COURT MEDIATION AND CONCILIATION
CENTRE
DELHI HIGH COURT, SHER SHAH ROAD, NEW DELHI
Date: 14.01.2021
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is entered into on 14.01.2021
BETWEEN
MR. ANIL MADHOK (PAN NO. ADFPM7163G AADHAR NO. 8104
7607 9815) S/O SH. INDERJIT MADHOK R/O C-8, SECTOR 20,
NOIDA, UTTAR PRADESH (HEREINAFTER REFERRED TO AS
"FIRST PARTY", WHICH EXPRESSION SHALL,UNLESS
REPUGNANT TO THE CONTEXT OR MEANING THEREOF,BE
DEEMED TO MEAN AND INCLUDE HIS LEGAL HEIRS,
REPRESENTATIVES, EXECUTORS, SUCCESSORS AND PERMITTED
ASSIGNS, ETC.), BEING THE PARTY OF THE ONE PART;
AND
M/S SPAZE TOWERS PRIVATE LIMITED, A COMPANY EXISTING
UNDER THE PROVISIONS OF COMPANIES ACT, 2013 AND HAVING
ITS REGISTERED OFFICE AT UG-39, UPPER GROUND FLOOR,
SOMDATT CHAMBER-II, 9, BHIKAJI CAMA PLACE, NEW DELHI -
110066 AND CORPORATE OFFICE AT „SPAZEDGE‟ SECTOR 47,
GURUGRAM-SOHNA ROAD, GURUGRAM, HARYANA THROUGH ITS
AUTHORISED REPRESENTATIVE MR. HARPAL SINGH CHAWLA,
AUTHORISED VIDE BOARD RESOLUTION DATED 11.01.2021.
COPY OF THE SAME IS ANNEXED HEREWITH AS ANNEXURE - A.
(HEREINAFTER REFERRED TO AS THE "SECOND PARTY", WHICH
EXPRESSION SHALL, UNLESS IT BE REPUGNANT TO THE
CONTEXT OR MEANING THEREOF, BE DEEMED TO INCLUDE ITS
REPRESENTATIVES, EXECUTORS, SUCCESSORS AND PERMITTED
ASSIGNS, ETC.), BEING THE PARTY OF THE SECOND PART.
The „First Party‟ and the „Second Party‟ are jointly referred to as the
Parties" and individually as the "Party".
1. That the First Party purchased a commercial Unit no. GF-10,
admeasuring 966 sq. ft. (hereinafter referred to as "Unit") located on the
ground floor of the Project "Spaze Arrow" launched by the Second Party
in Sector -78,Gurugram, Haryana and an Allotment Letter dt. 07.12.2012
was issued by the Second Party. Further, a Builder Buyer Agreement was
executed between the Parties on 19.03.2015.
2. That an amount of Rs. 1,13,19,336/- was paid by the First Party to the
Second Party in instalments till May‟2016 qua the aforesaid Unit as
towards its sale consideration. Further, the First Party has availed a loan
facility from ICICI Bank Ltd. of Rs.31,63,907/-(Rupees Thirty One Lac
Sixty Three Thousand Nine Hundred Seven) for paying a partial amount
of money qua the aforesaid Unit.
3. That some disputes arose between the Parties related to the aforesaid
Unit, due to which a Legal Notice was served by the First Party through
its counsel upon the Second Party seeking refund of amount paid by the
First Party. Receiving no response to the Legal Notice, the First Party
lodged a complaint at P.S. R.K. Puram against the Second Party and its
Directors, alleging the cheating and criminal breach of trust. Upon no
action by the Police and higher authorities, in 2019, the First Party had
approached the Court of Chief Metropolitan Magistrate, New Delhi
District, New Delhi under section 156(3) of CrPC in C.C. No.
11526/2019 and sought penal action against the Second Party alleging
the offence of cheating, criminal breach of trust, etc. committed against
the First Party, Consequently, the Hon‟ble Court ordered for
registration of FIR against the Second Party and its Directors vide Order
dt. 21.11.2019.
4. That furthermore, the aggrieved Second Party approached the
Hon‟ble Court of District & Sessions Judge, New Delhi District, New
Delhi challenging the Order dt. 21.11.2019 thereby in Criminal Revision
Petition titled as Harpal Singh Chawla v. State, whereby the Hon‟ble
Court of ASJ, New Delhi declined to grant interim relief to the Second
Party vide Order dt. 17.01.2020. The said Revision Petition is pending
for adjudication.
5. That further the Second Party approached the Hon‟ble High Court of
Delhi by filing Crl. Misc. (Main) No. 613 of 2020 seeking quashing of
Order dt. 21.11.2019 and Order dt. 17.01.2020 of the Hon‟ble Court of
ASJ-02,New Delhi.
6. That the Hon‟ble High Court of Delhi had in the aforesaid Petition
granted an interim stay on the operation of the aforesaid Orders till the
next date of hearing i.e. 18.01.2021.
7. The said matter being CRL.M.C. 613/2020 was referred to Samadhan
(Delhi High Court Mediation and Conciliation Centre) vide order dated
22.10.2020 passed by Hon‟ble Mr. Justice Suresh Kumar Kait.
8. The parties have agreed that Mr. Sunil Mittal, Sr. Advocate and
Ms.Ruchika Mittal, Advocate were act as their Mediator and Co-
Mediator respectively in the mediation proceedings.
9. Mediation sessions were held amongst the Parties and their respective
counsel on 04.11.2020, 12.11.2020, 23.11.2020, 03.12.2020 &
14.12.2020 through videoconferencing. During mediation proceedings,
the First Party was accompanied by its counsel named Mr. Mohit
Aggarwal, Advocate (Enrl. No. UP-1095/2015) & Mr. Abhishek Sharma,
Advocate (Enrl. No. D/92/1995) (Email Id [email protected]), and
the Second Party was accompanied by its counsel Mr. Shadman Ahmed
Siddiqui, Advocate (Enrl. No. D-3912/2017) (Email Id
[email protected]) & Mr. Lokesh Bhola, Advocate (Enrl.
No.D/709/2005) (Email Id [email protected] ). The Parties, with
the assistance of the Mediator and proactive participation of their
counsel arrived at an amicable solution by way of the instant Settlement
Agreement, resolving the abovementioned dispute and difference and
further ending it once for all.
The following settlement has been arrived at between the Parties hereto:
1. That, an understanding/settlement has been arrived between the
Parties, in acknowledgement of amicable resolution/settlement of all
concerns, issues, doubts, queries, claims, grievances etc., whatsoever, of
the First Party to its complete satisfaction and accordingly, now the First
Party does not have any concerns, issues, doubts, queries, claims,
grievances, whatsoever, against the Second Party and/or their respective
Directors, representatives, etc.
2. That, the Parties mutually agree that with effect from the date of this
Agreement, the allotment of the said Unit stands cancelled and revoked
from the name of the First Party. The First Party with its free will and
without any pressure has accepted, without any objection and/or demur,
the cancellation of the Unit. The First Party shall surrender all original
documents with respect to the Unit with the Second Party.
3. That, the Parties mutually agree that with effect from the date of this
Agreement the Second Party will pay a total sum of Rs. 1,13,19,336/-
(One Crore Thirteen Lakhs, Nineteen Thousand, Three Hundred and
Thirty Six only) ("Agreed Amount") to the First Party as per the terms &
conditions of the Agreement, as a full and final settlement of the claim of
the First Party against the Second Party.
4. That, the Agreed Amount of Rs. 1,13,19,336/- (One Crore Thirteen
Lakhs, Nineteen Thousand, Three Hundred and Thirty Six only) shall be
paid by the Second Party to the First Party by way of post-dated cheques
in the following manner:
Sr. Cheque Bank Cheque Amount Cheque
No. Drawn in Name No. date
favour of
1 Anil Madhok Axis Bank 636006 Rs.2,03,336/- 13.01.2021
2 Anil Madhok Axis Bank 635998 Rs.15,88,000/- 26.03.2021
3 Anil Madhok Axis Bank 635999 Rs.15,88,000/- 26.04.2021
4 Anil Madhok Axis Bank 636000 Rs.15,88,000/- 26.05.2021
5 Anil Madhok Axis Bank 636001 Rs.15,88,000/- 26.06.2021
6 Anil Madhok Axis Bank 636002 Rs.15,88,000/- 26.07.2021
7 Anil Madhok Axis Bank 636003 Rs.15,88,000/- 26.08.2021
8 Anil Madhok Axis Bank 636004 Rs.15,88,000/- 26.09.2021
5. That upon the receipt of the first three aforesaid instalments i.e. on or
before 26.04.2021, as mentioned in the Clause 4 of this Agreement, the
First Party undertakes to provide No Objection Receipt/Receipt of
Payment along with the loan statement to the Second Party, after clearing
the loan with its Banker over the aforesaid Unit, and to return the
original documents of the aforesaid Unit to the Second Party, on or
before 01.05.2021.
6. That the Second Party has assured the First Party that the
abovementioned cheques will be honored by their Banker without any
demur/ objection. Further, the Second Party assures the First Party that
no request for encashment of cheque on the date later than as mentioned
herein above shall be made by the Second Party to the First Party.
7. That the First readily agrees and undertakes that it shall have no
objection and thereby shall tender consent and extend full cooperation in
disposing of Crl. Misc. (Main) No.613 of 2020 titled as Harpal Singh
Chawla v. State pending before the Hon‟ble Delhi Court, reserving its
rights to revive the aforesaid litigation upon the non-receipt of the
aforesaid instalments.
8. That, the First Party agrees that from the date of this Agreement it has
no right, title or interest whatsoever on the said Unit and that there is no
encumbrance, except as specifically agreed in Clause 5 above, on the
said Unit by way of any loan, charge, agreement, lis-pendens, decree,
attachment, etc. and any loan/ charge/ agreement whatever created by it
has been duly discharged/ satisfied/ cancelled for which it undertakes to
indemnify and hold harmless the Second Party.
9. That, the First Party shall have no objection if the Second Party deals
with the said Unit in any manner it may feel appropriate.
10. That, the First Party acknowledges that all its concerns, issues,
doubts, queries, claims, grievances etc. with respect to the Second Party,
Project, etc., whatsoever, has been settled and that the First Party, with
its free will and without any pressure or rapacity, agrees not (i) to
institute any suit, or/and file any complaint(s)/application(s), etc.,
whatsoever, with any court, or/and authority(ies) including Police/
RERA/ EOW, NCDRC, NCLT etc., either against the Second Party or
against the Directors, officers, employees, etc. of the Second Party or any
of them. The First Party shall also forthwith withdraw all its complaint
dated 07.02.2020 lodged against both S.H.O. and I.O. of Police Station
R.K. Puram, New Delhi with Vigilance Deptt. and/or before any other
authority or any such similar applications, reserving its rights to revive
the aforesaid litigation upon the non-receipt of the aforesaid instalments.
11. That, the First Party undertakes not to invoke the Second Party
including its Directors, nominees, employees, etc. in any litigation/
dispute whatsoever with regard to the said Project, Unit, possession,
delay compensation in handing over of the Unit etc. at any time in future
and/or otherwise, and shall forthwith withdraw all its complaints
including litigation, if any, sub-judice in any court of law and/or pending
before any Authority including RERA, Police, NCDRC, NCLT etc.
12. The First Party undertakes and confirms to sign, execute, submit
necessary Agreements/documents/undertakings/letters etc. as may be
required by the Second Party in its standard formats and further
do/perform all other necessary acts, as may be required by the Second
Party for the purpose of delivering possession of the Unit and
registration of Sale/Conveyance Agreement with respect to the Unit.
CONSEQUENCES OF BREACH OF SETTLEMENT:
1. That the Parties have mutually agreed that in case of breach of this
Agreement without any non-justifiable reason, then the following
consequences shall follow:
i. Both the Parties shall be entitled to initiate contempt proceedings
against the other, for the deliberate and willful breach of the
Settlement Agreement committed by any of the Parties.
ii. The First Party shall be entitled to initiate proceedings against
the Second Party under Section 138 of the Negotiable Instruments
Act, for the dishonor of cheques.
iii. The First Party will be at liberty to revive the proceedings
withdrawn by the First Party against the Second Party in case of
dishonor of cheques, provided that the Second Party shall be
provided an opportunity of reasonable time of seven days to make
the payments against the dishonor of cheques.
iv. In case of default of the aforesaid instalments, even after grace
period of seven days, by the Second Party, the amount having
already been paid by the Second Party shall stand forfeited.
2. That the remedies mentioned hereinabove are not exhaustive and it
shall include any other remedy as well which is permitted by the Law in
force.
CONSENT:
1. That, the First Party hereby affirms and accepts that the aforesaid
understanding arrived at between the Parties is toward mutual settlement
of all disputes and has been arrived at with its free will and consent and
without any force, compulsion or undue influence of any nature,
whatsoever and accordingly, the First Party, immediately, unequivocally
and forever releases/discharges the Second Party including its directors,
representatives, etc. of all its issues, grievances, claims, demands,
applications, complaints, petitions etc., whatsoever, instituted/filed by it
against the Second Party.
2. The Parties represents and warrants that, they intend to be legally
bound by this Agreement, that the execution of this Agreement is free and
voluntary, that no inducements, threats, presentations, or influences of
any kind were made or exerted by or on behalf of any Party (in any
manner or kind whatsoever).
LEGAL AND BINDING AGREEMENT:
This Agreement is legal and binding between the Parties as stated above.
The Parties each represent that they have the authority to enter into this
Agreement.
ENTIRE AGREEMENT:
The Parties acknowledge and agree that this Agreement represents the
entire
Agreement between the Parties. In the event that the Parties desire to
change, add, or otherwise modify any terms, they shall do so in writing to
be signed by both parties.
CONSTRUCTION OF AGREEMENT:
The language of this Agreement shall not be construed for or against
either Party. The Parties acknowledge that they have both participated in
the drafting of this Agreement, and the language of all parts of this
Agreement shall in all cases be construed as a whole, according to its fair
meaning, and the Parties further agree that the rule of construction of
contracts resolving ambiguities against the drafting Party shall be
inapplicable to this Agreement. The headings used herein are for
reference only and shall not affect the construction or interpretation of
the Agreement.
RESIDUARY CLAUSES:
1. That, the First Party agrees and undertake to hold harmless, indemnify
and keep indemnified the Second Party and/or its affiliates/subsidiaries
including its Directors, employees, etc. of and from any and all liabilities,
actions, causes of action, claims, debts, demands, damages, and
liabilities etc. and compensation of every nature, kind and character,
whatsoever, which may be suffered/incurred by them, on account of any
action, complaint, suit etc., by whatever name called,
instituted/filed/initiated by the First Party and/or anyone on its behalf.
The First Party further affirms and undertakes to appear before any
court/ authority(ies) and sign necessary documents/paper/undertakings,
and do/perform all necessary tasks/Agreements, etc. to
support/save/defend/hold the Second Party including its Directors,
representatives, employees, etc. and keep them saved and harmless from
and against any action/enquiry etc., which is based on any
plaint/report/complaint etc. filed/instituted by the First Party and/or
anyone on its behalf.
2. The Parties agree to keep the contents of this Agreement confidential
and not divulge information about this Agreement to any third party
except to the extent required for the quashing proceedings in any court
and/or before any authority.
3. This Agreement contains the sole and entire understanding/agreement
of the Parties with respect to the entire subject matter hereof, and all
prior discussions, negotiations, commitments, and understandings, or
Agreements/Agreements related thereto stands dissolved. Each of the
Parties hereto acknowledges that no representation or promise not
expressly set forth in this Agreement has been made by any other Party
hereto, or by any of their agents, servants, employees, representatives,
attorneys or accountants to the other Party.
4. This Agreement shall bind and inure to the benefit of the respective
successors, assigns, legatees, and personal representatives of the Parties.
5. The Parties acknowledge, confirm and declare that, the recitals
detailed hereinabove shall be considered to be an integral part of this
Agreement, legally binding on all the Parties.
6. The Parties agree and understand that, this Agreement shall be
considered to be a valid request/application to any/all concerned
authorities for withdrawal of all complaints/applications/reports etc., by
whatever name called, made/filed by First Party against the Second
Party, its maintenance agency including their respective directors,
employees, etc.
7. This Agreement shall be governed by the laws of India and courts at
Delhi shall have jurisdiction to entertain all disputes arising out of or
touching upon any of the provisions of this Agreement.
8. That the contents of the above settlement agreement have been read
over to all the parties in vernacular and all the parties have agreed to
and understood the same.
3. Keeping in view the settlement arrived at between the parties, I
hereby set aside the afore-mentioned orders dated 17.01.2020 and
21.11.2019.
4. It is made clear that if the petitioner/accused does not comply with the
settlement dated 14.01.2021 as arrived between the parties, respondent No.2
shall have right to revive the afore-mentioned orders dated 17.01.2020 and
21.11.2019.
5. In view of above, the present petition is disposed of.
6. Pending applications also stand disposed of.
7. The order be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 18, 2021/ab
