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High Court of DelhiRFA(OS)/3/2024

M.K. Jain v. Mr. Swaranjit Singh Sayal

2024-02-28Hon'Ble Mr. Justice Rajiv Shakdher,Hon'Ble Mr. Justice Amit Bansal2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 3/2024 and CM APPL. 2054/2024 M.K. JAIN ..... Appellant Through:

Mr Vipul Wadhwa with Ms Kashika Gera and Ms Carina Arora, Advocates along with appellant in person.

versus MR. SWARANJIT SINGH SAYAL ..... Respondent Through:

Mr Davinder Singh, Sr. Advocate with Mr Srivats Kaushal, Advocate along with respondent in person.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL

O R D E R

% 28.02.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

Parties are present in person.

2.

Counsel for the parties, based on the instructions received from their respective clients, say that the appeal can be disposed of in the following terms:

(i) The principal amount, i.e., Rs.3 crores, will be paid by the appellant to the respondent on or before 28.06.2024.

(ii) The appellant will also pay simple interest @ 5% per annum on Rs.3 crores, from the date of institution of the suit till the date the said amount is paid.

RFA(OS) 3/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:54:17

(iii) Upon the aforementioned amount being paid, along with interest as indicated above, the respondent will assist the appellant in having the criminal complaint quashed.

(iv) In the event of default, the entire decretal amount will be payable by the appellant.

3.

The parties will be bound by the terms of the settlement. 4.

The appellant will file an affidavit, which would inter alia indicate that he undertakes to make the payment to the respondent, as per the terms indicated above.

4.1 The affidavit will be filed within the next five (05) days. 4.2 A copy of the same will be furnished to the counsel for the respondent.

5.

The appeal is disposed of in the aforesaid terms. 6.

Pending application shall also stand closed.

RAJIV SHAKDHER, J AMIT BANSAL, J FEBRUARY 28, 2024 / tr Click here to check corrigendum, if any RFA(OS) 3/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:54:17