Madras High Court
Sriram Kapur vs H.S.Mehta on 30 November, 2021
Crl.O.P.No.24594 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.24594 of 2016
And
Crl.M.P.No.11803 of 2016
1.Sriram Kapur
2.D.R.Khatau
3.V.M.Desai
4.S.Veerapandi ... Petitioners
Vs.
H.S.Mehta ... Respondent
Prayer:
Petition filed under Section 482 of Cr.P.C., seeking to call for the
records pertaining to STC No.1157 of 2016 pending on the file of the
Hon'ble Judicial Magistrate, Coonoor and quash the said complaint.
For Petitioners : Mr.B.Giridhara Rao
For Respondent : Mr.S.Annamalai
ORDER
The petitioners have filed this petition seeking to call for the
records pertaining to STC No.1157 of 2016 pending on the file of the
learned Judicial Magistrate, Coonoor and to quash the said complaint.
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Crl.O.P.No.24594 of 2016
2.The learned counsel appearing for the petitioners as well as
the learned counsel appearing for the respondent would submit that
during the pendancy of this petition, the dispute inbetween the parties
has been resolved and they have entered into a Memorandum of
Compromise and accordingly the respondent craves leave of this Court
to withdraw STC No.1157 of 2016 pending on the file of the learned
Judicial Magistrate, Coonoor at Udhagamandalam.
3.The relevant portion of the Memorandum of Compromise dated
01.11.2021 reads as follows:
“MEMORANDUM OF COMPROMISE
In this Memo of Compromise the parties will be
referred to as follows:
Mr.H.S.Mehta ... Plaintiff
The Nonsuch Tea
Estates Ltd. ... First Defendant
Mr.Sriram Kapur ... Second Defendant
First Defendant and
Second Defendants
Collectively ... Defendants
..................................................................
..................................................................
..................................................................
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Crl.O.P.No.24594 of 2016
Whereas at the instance of well wishers both
parties held negotiations in a spirit of
cooperation to resolve and amicably settle all
matters and litigations and have arrived at the
following terms of settlement and the parties
have resolved to reduce the terms of
compromise:
Now this Memorandum of Compromise
witnesseth as follows:
1.The Plaintiff accepts the termination of his
employment as Manager of the 1st Defendant
and confirms that he has ceased to be an
employee of the First Defendant with effect
from 13.08.2015.
2.The original Power of Attorney dated 17th
February 2000 granted to the Plaintiff by the
First Defendant is filed by the Plaintiff before
the Hon'ble District Munsif Court, Coonoor.
The Plaintiff will give an affidavit at the time of
execution of Memorandum of Compromise,
stating that Power has not been used after 13th
August 2015. Further the Plaintiff will endorse
his no objection before Hon'ble District Munsif
Court, Coonoor for return of document.
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Crl.O.P.No.24594 of 2016
3.The Plaintiff shall hand over possession of
the Ibex Lodge Bungalow more fully described
in the Schedule on as-is-where-is basis to the
First Defendant's represented by its authorized
representative, Senior Manager, Mr.Mohan
P.Jacob. An inventory will be taken jointly of
all the items inside the bungalow on an as-is-
where-is basis. Any item or property belonging
to the Plaintiff can be taken by him on as-is-
where-is basis after proper identification.
4.Mrs.Anjali Mehta, wife of the Plaintiff has her
personal belongings viz: clothes, carpet, two
rosewook deck chairs, paintings & pictures,
blankets, bed sheets and a teak wood chair
lying in Ritz Cottage – Coonoor which is the
property of the 2nd Defendant. All these
belongings if available will be handed over to
her by the Senior Manager, Mr.Mohan P.Jacob
on an as-is-how-it-is basis.
5.(a)The First Defendant agrees and
undertakes to pay the Plaintiff a sum of
Rs.30,00,000/- (Rupees Thirty Lakhs only) in
full and final settlement of all his claims, past,
present and future against the Defendants and
its Directors, their employees or advisors or
associates in their personal and official capacity
and for shares in the First Defendant held by
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Crl.O.P.No.24594 of 2016
the Plaintiff and / or his wife.
(b)The above sum of Rs.30,00,000/- comprises
as follows:
(i)Rs.28,50,000/- towards Plaintiffs claim
whether statutory, contractual or arising out of
his employment and/ or termination of his
employment including Gratuity, Provident
Fund, Reimbursement of expenses, or any
other item etc.
(ii)Rs.1,50,000/- towards transfer of shares as
set out in clause (6)(b) below.
(iii)The above payment shall be paid in full and
without deduction of tax. The payment of tax
if any, will be made by the Plaintiff.
6.The above payment of Rs.30,00,000/- shall
be paid in the manner following:
(a)A sum of Rs.28,50,000/- shall be paid by
D.D. Simultaneous with the execution of this
Memorandum of Compromise and handing over
of vacant possession of the Ibex Lodge
Bungalow as per clause (3) above.
(b)The balance sum of Rs.1,50,000/- shall be
paid by D.D. (Rs.256.85 per share) upon the
Plaintiff and his wife dematting the 584 shares
in the First Defendant and arranging to transfer
the 584 shares to Mr.Sriram Kapur or his
nominee.
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Crl.O.P.No.24594 of 2016
7.The Plaintiff shall return-
(i)keys of safe, cabinets and desks.
(ii)Laptop and mobile phone.
(iii)Files, records and soft copy of dta to the
extent available. In case the same is not
available with the Plaintiff, he will give a lette
to that effect.
8.The First Defendant shall return – if available
in their office
(i)one Olive make mobile phone
(ii)two Mont Blanc ball pens that were lying on
the Manager's desk.
9.Upon the execution of this Memorandum of
Compromise, the Parties undertake to
withdraw all cases, complaints, suits, petitions,
appeals etc. which have been filed against each
other, whether before the High Court of Madras
or before any other judicial or quasi-judicial
authority.
10.The parties agree that this Hon'ble Court
may pass a Compromise Decree in terms of
this Memo of Compromise and (a) the
judgment and decree passed by the Hon'ble
District Munsif and Sub Judge in O.S.No.80 of
2015 and reversed by the Hon'ble District
Judge in A.S.No.36 of 2017 and (b) the
judgment and decree passed by the Hon'ble
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Crl.O.P.No.24594 of 2016
District Munsif in O.S.No.103 of 2015 and
confirmed by the Hon'ble Sub Judge in
A.S.No.37 of 2017 shall stand substituted by
this Compromise Decree and the parties shall
be bound by this Compromise decree only.
11.Both parties confirm that all their claims
against each other have been fully and finally
settled and that they have no further or other
claims of whatsoever nature against the other
including the Directors, Employees or Advisors
in their personal or official capacity.
12.The Plaintiff agrees to cooperate on all
other matters not specifically mentioned herein
that may be pending or arise in future whether
related to the Defendants and/ or its Associate
entities during the course of his employment.
13.Each party will bear their own cost.
14.The Memo of Compromise will form part of
the Compromise Decree.”
4.The Memorandum of Compromise dated 01.11.2021 shall form
part and parcel of the order. In view of the Memorandum of
Compromise entered into between the parties, this criminal original
petition is allowed and the entire proceedings in STC No.1157 of 2016
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Crl.O.P.No.24594 of 2016
pending on the file of the learned Judicial Magistrate, Coonoor, is
hereby quashed. Consequently, connected miscellaneous petition is
closed.
30.11.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Judicial Magistrate,
Coonoor.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24594 of 2016
M.DHANDAPANI,J.
pri
Crl.O.P.No.24594 of 2016
And
Crl.M.P.No.11803 of 2016
30.11.2021
https://www.mhc.tn.gov.in/judis
