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High Court of DelhiCRL.A./874/2014

Carrara Marbles And Granite Industries v. Simplex Enterprises ANR ANR.

2016-03-14Hon'Ble Mr. Justice S.P.Garg2 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 874/2014 CARRARA MARBLES AND GRANITE INDUSTRIES ..... Appellant Through :

Mr.Kush Sharma, Advocate with Mr.Sagar Mehrotra, Advocate.

versus SIMPLEX ENTERPRISES AND ANR.

..... Respondents Through :

Mr.Sunil Mehta, Advocate with Mr.S.S.Behl, Advocate.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 14.03.2016 1.

By an order dated 17.12.2015, the convict / respondent was directed to pay a fine of `3.56 crores. After deducting a sum of `5 lacs, the remaining fine was to be released to the appellant towards compensation for loss and injury caused by the offence committed by the convict.

It was further ordered that in case the fine was not deposited within six months, the convict would undergo SI for a period of three months. The sentence was, however, suspended for six months from that day on the condition that the convict would furnish a solvent and adequate security to the satisfaction of the Registrar General of this Court within four weeks to secure the aforesaid fine.

2.

The convict did not furnish the required security and challenged the order before Hon'ble Supreme Court. By an order 12.01.2016, CRL.A. 874/2014

the convict was directed to furnish solvent and adequate security on or before 29.01.2016 to the satisfaction of the Registrar General of this Court. The matter was listed for consideration on 01.02.2016. Again, there was default in compliance of the order of the Hon'ble Supreme Court and finally the SLP filed by the convict was dismissed by an order dated 01.02.2016.

3.

Since the convict has failed to comply with the order dated 17.12.2015 of this Court, he will have to undergo default sentence. 4.

Matter be listed before the Trial Court to execute the order dated 17.12.2015 of this Court. The parties shall appear before the Trial Court on 23rd March, 2016.

5.

Trial Court record (if any) be sent back through 'Special Messenger'.

S.P.GARG, J MARCH 14, 2016 / tr CRL.A. 874/2014