Frick India Limited v. Pamela Manmohan Singh & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 250/2016 & CM 30415/2016 FRICK INDIA LIMITED ..... Appellant Through :

Ms Rekha Palli, Senior Advocate with Ms Poonam Singh and Mr Sujoy Datta versus PAMELA MANMOHAN SINGH & ORS ..... Respondents Through :

Ms Shreya Sinha for Mr Rana for R-1.

Mr D. K. Pandey for Mr Lovkesh Sawhney for R-2.

CORAM:

HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE ASHUTOSH KUMAR

O R D E R

% 04.01.2017 CM 47982/2016 This is a joint application filed by the parties to take on record the settlement agreement which has been arrived at between the parties on 21.12.2016 at New Delhi. The settlement agreement which has been signed by all the parties, as confirmed by the counsel appearing on behalf of the parties, has been filed and the same is taken on record. The terms of the settlement are contained in Clauses 1 to 5 of the said settlement agreement which is Annexure-A to this application. We need not repeat those terms in this order. However, it needs to be pointed out that in Clause 2, a typographical error has crept in wherein after the amount of Rs 9 lacs in figures, the amount in words following in the bracketed portion refers to 'Rupees eighteen lacs'. According to the learned counsel for the parties this is a

typographical error and the amount in words should also read as Rupees nine lacs only. We are passing this order on this presumption and on the undertaking of the counsel that a corrigendum would be entered into by the parties and the same shall be filed in Court within a week.

The amount of Rs 30 lacs, which was earlier deposited pursuant to our order dated 07.09.2016, is to be released to the respondent No.1 and respondent No. 2A to the extent of Rs 15 lacs each. This is in terms of Clause 1(I) of the settlement agreement.

The Registry is directed to release the said sum of Rs 30 lacs as indicated therein within a week.

The counsel for the parties indicate that any interest accrued on the said sum of Rs 30 lacs may be given to the Delhi High Court Bar Association Library Fund.

In view of the settlement which has been arrived at between the parties, which is, in our view, lawful, the appeal stands disposed of. We are making it clear that the settlement which is taken on record, modifies the impugned order dated 01.08.2016 to the extent indicated in the settlement agreement. We may also record that cheques for the amount of Rs 15 lacs, Rs 15 lacs and Rs 6,75,000/- have been handed over by the learned counsel for the appellant to the learned counsel for the respondent No.1 (one cheque for Rs 15 lacs) and to the learned counsel for the respondent No. 2A (the other two cheques). The cheque numbers are as under:- Sl. No.

Cheque Number Drawn on Amount (in Rupees) Dated 1.

509818 Canara Bank 15,00,000 22.12.2016

2.

509819 Canara Bank 15,00,000 22.12.2016 3.

509820 Canara Bank 6,75,000 22.12.2016 Since the appeal stands disposed of in the above terms, the next date of hearing earlier fixed, i.e., 24.01.2017 stands cancelled. BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J JANUARY 04, 2017 SR