High Court of DelhiW.P.(CRL)/501/2020

Cisco Systems Capital (I) Pvt Ltd. v. State

2020-02-18Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 501/2020 CISCO SYSTEMS CAPITAL (I) PVT LTD.

..... Petitioner Through Mr. Punit K.Bhalla, Advocate.

versus STATE ..... Respondent Through Ms. Kamna Vohra, Ld. ASC for the State.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 18.02.2020 Crl.M.A. 3734/2020(Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 501/2020 This is a writ petition filed under Section 226/227 of the constitution of India read with Section 482 Cr.P.C. for expeditious disposal of case titled CISCO Systems Capital (India) Pvt. Ltd. V. New Delhi Teletech Pvt. Ltd. & Ors. pending in the court of Ms. Tista Shah, Ld. MM(N.I.Act), Tis Hazari Courts.

It is submitted by Ld. Counsel for the petitioner that petitioner had been granted a loan facility under the Master Lease and Finance Agreement to New Delhi Teletech Pvt. Ltd. to the tune of Rs. 58,59,71,455.00. However, New Delhi Teletech Pvt. Ltd. defaulted in repayment of the loan

and therefore, proceedings under section 138 N.I.Act and under Order XXXVII of CPC were initiated for recovery of the loan amount. Later on, a settlement was arrived at between the petitioner company and New Delhi Teletech Pvt. Ltd. in the Mediation Centre, Tis Hazari Courts vide order dated 06.09.2011 and all 10 criminal complaints were withdrawn and consent decree was passed in civil suit filed under Order XXXVII CPC. It is further submitted that New Delhi Teletech Pvt. Ltd. defaulted in payment of the instalments and the cheques given in lieu of settlement before the Mediation centre, Tis Hazari Courts were dishonoured. It is submitted by Ld counsel for the petitioner that since a huge amount of about Rs. 60 Crores is involved, Ld. Trial court may be directed to dispose off the case as expeditiously as possible in view of Section 143(3) of NI Act.

Heard. In view of the fact that huge amount is involved and also in view of the fact that the matter was earlier settled in the Mediation Centre, Tis Hazari Courts and cheques given in lieu thereof have got dishonoured, the Ld. Trial Court is directed to conduct trial of the case as expeditiously as possible.

Writ petition stands disposed of accordingly. Dasti.

BRIJESH SETHI, J FEBRUARY 18, 2020 AK