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High Court of DelhiCRL.M.C./1006/2023

M/S Tulsiani Constructions And Developers Ltd & ORS. v. State Of NCT Of Delhi & ANR.

2024-08-27Hon'Ble Mr. Justice Manoj Kumar Ohri4 pages

$~3 to 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1006/2023 M/S TULSIANI CONSTRUCTIONS AND DEVELOPERS LTD & ORS.

.....Petitioners Through: Mr.Nishit Kush, Mr.Anjaneya Mishra and Mr.Siddhath Sikr, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Ankur Jain and Mr.Murari Kumar, Advocates for respondent No.2 + CRL.M.C. 2076/2023 M/S TULSIANI CONSTRUCTIONS AND DEVELOPERS LTD & ORS.

.....Petitioners Through: Mr.Nishit Kush, Mr.Anjaneya Mishra and Mr.Siddhath Sikr, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Ankur Jain and Mr.Murari Kumar, Advocates for respondent No.2 + CRL.M.C. 2093/2023 M S TULSIANI CONSTRUCTIONS AND DEVELOPERS LTD & ORS.

.....Petitioners Through: Mr.Nishit Kush, Mr.Anjaneya Mishra and Mr.Siddhath Sikr, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Ankur Jain and Mr.Murari Kumar, Advocates for respondent No.2 + CRL.M.C. 2427/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

MS TULSIANI CONSTRUCTIONS AND DEVELOPERS LTD & ORS.

.....Petitioners Through: Mr.Nishit Kush, Mr.Anjaneya Mishra and Mr.Siddhath Sikr, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Ankur Jain and Mr.Murari Kumar, Advocates for respondent No.2 + CRL.M.C. 2474/2023 M/S TULSIANI CONSTRUCTIONS AND DEVELOPERS LTD & ORS.

.....Petitioners Through: Mr.Nishit Kush, Mr.Anjaneya Mishra and Mr.Siddhath Sikr, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Ankur Jain and Mr.Murari Kumar, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.03.2025 CRL.M.A. 5964/2025 in CRL.M.C. 1006/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.A. 3396/2025 (for clarification of order dated 28.10.2024 by respondent No.2), CRL.M.A. 5963/2025 (permission to file additional document by respondent No.2) in CRL.M.C. 1006/2023, CRL.M.A. 3451/2025 (for clarification of order dated 28.10.2024 by respondent No.2) in CRL.M.C. 2076/2023, CRL.M.A. 3398/2025 (for clarification of order dated 28.10.2024 by respondent No.2) in CRL.M.C. 2093/2023, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.M.A. 3392/2025 (for clarification of order dated 28.10.2024 by respondent No.2) in CRL.M.C. 2427/2023 and CRL.M.A. 3394/2025 (for clarification of order dated 28.10.2024 by respondent No.2) in CRL.M.C. 2474/2023 1.

The present applications have been preferred by respondent No.2 seeking clarification of the order dated 28.10.2024. 2.

Learned counsel for the applicant/respondent No.2 states that the subject petitions arise in the context of complaint cases Nos.6461/2017, 4904/2018, 4056/2018, 5567/2017 and 3289/2018. He submits that in none of those complaint cases, any application under Sections 431/421 Cr.P.C. was filed. He states that the respondent No.2 had in fact, preferred 7 complaints against the petitioners, in two of which, a settlement was recorded qua the dispute in all the complaints vide settlement agreement dated 06.02.2019. In the said two complaint cases, the matter was compounded and disposed of. Subsequently, on non-compliance of the settlement terms, an application under Sections 431/421 Cr.P.C. came to be filed for the entire settlement amount in CC No. 13414/2018 only. He clarifies that no such application has been filed in the complaint cases under the present petitions.

3.

Learned counsel for the petitioners also states that the present petitions were confined to seeking quashing of the orders whereby the petitioners were declared proclaimed offender and not the attachment order of 09.10.2021 passed in CC No.13414/2018 based on settlement dated 06.02.2019.

4.

In view of the clarification given today, that the application under Sections 431/421 Cr.P.C. was not filed in the complaint cases forming The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

subject matter of the present petitions, the order dated 28.10.2024 stands modified to the aforesaid extent.

5.

The present applications are disposed of.

MANOJ KUMAR OHRI, J MARCH 24, 2025 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.