Amit Biswas v. State & ANR

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 491/2016 AMIT BISWAS ..... Petitioner Through :Mr. Sunil Mittal, Sr. Advocate with Ms. Maldeep Sidhu and Mr. Dhruv Grover, Advs.

versus STATE & ANR ..... Respondents Through :Mr. G.M. Farooqui, APP with SI Naveen Dahiya, P.S. B.K. Road for the State Mr.

S.S.

Tripathy, Adv.

for the respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.07.2017 Learned counsel for the respondent no. 2 submits that because of the financial difficulties, the balance settled amount could not be paid even though respondent no. 2 had genuine intentions to honour the settlement. He submits that last and final opportunity may be afforded to the respondent no. 2 to make balance payment, in terms of the Settlement Agreement dated 26th July, 2014 executed before the Mediation Centre, by November, 2017. Learned Senior Counsel for the petitioner submits that entire settled amount

was payable by 15th May, 2015 but has not been paid despite laspse of more than two years since the agreed last date of payment, inasmuch as `1.40 Crore is still payable. Bail was granted to the respondent no. 2 only in view of the settlement terms whereof have been floated. In the interest of justice last opportunity is granted to the respondent no.2 to clear the settled amount by 30th November, 2017. In case the balance settled amount of `1.40 crores is not paid by the respondent no. 2 to the petitioner on or before 30th November, 2017, bail shall automatically stand cancelled. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 12, 2017 rb