Sanjay Gairola v. Piyush Singhania

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 674/2014 & CRL.M.As.31098-99/2019 SANJAY GAIROLA ..... Petitioner Through Mr. Manohar Pratap, Advocate versus PIYUSH SINGHANIA ..... Respondent Through Ms. Aditi Sharma, Advocate

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.07.2019 1.

Learned counsel for the parties submitted that the matter stands settled between the parties vide Settlement Agreement dated 5.3.2019 before Delhi High Court Mediation and Conciliation Centre, in terms whereof the petitioner has already made the payment and both the parties have complied with the terms and conditions of the same.

2.

Learned counsel for the parties further submitted that now nothing is due from the petitioner.

3.

Learned counsel for the petitioner also submitted that in terms of the settlement arrived at between the parties, the petitioner has withdrawn Crl.Rev.P.79/2015 today itself and prayed that the impugned order dated 09.10.2014, passed by the Additional Sessions Judge, Rohini Court, New Delhi in CA No.02/2014 and the orders dated 21.11.2013 and 17.12.2013,

passed by the ACMM, Rohini Court in CC.No.99/1/2009 titled as Piyush Singhania vs. Sanay Gairola, may be set aside. 4.

Learned counsel for the respondent submitted that she has no objection to the prayer made by the learned counsel for the petitioner that the impugned order dated 09.10.2014, passed by the Additional Sessions Judge, Rohini Court, New Delhi in CA No.02/2014 and the orders dated 21.11.2013 and 17.12.2013, passed by the ACMM, Rohini Court, may be set aside.

5.

In view of the aforesaid submission made on behalf of learned counsel for the parties, coupled with the fact that the parties have entered into settlement agreement, the impugned order dated 09.10.2014, passed by the Additional Sessions Judge, Rohini Court, New Delhi in CA No.02/2014 and the orders dated 21.11.2013 and 17.12.2013, passed by the ACMM, Rohini Court, in CC.No.99/1/2009, titled as Piyush Singhania vs. Sanay Gairola are set aside and the bail bonds are discharged.

6.

Learned counsel for the respondent submitted that the petitioner had deposited a sum of Rs.8,42,7000/- before the Additional Sessions Judge during the course of proceedings. 7.

This Court had passed the order on 10th February, 2015 for the release of the amount deposited by the petitioner to the respondent. Learned counsel for the parties submitted that in terms of the aforesaid order, the respondent has already withdrawn the sum of Rs.8,00,000/-

and the balance sum of Rs.42,700/- lying deposited in the Court of Additional Sessions Judge, Rohini Court, Delhi may be released. The applicant/respondent may move an application for the release of the balance amount of Rs.42,700/- stated to be lying deposited in the Court of Additional Sessions Judge and the Court of Additional Sessions Judge may pass the order for the release of the amount, if any, as per law. 8.

The petition is accordingly disposed of. Pending applications are also disposed of.

CHANDER SHEKHAR, J JULY 16, 2019/rr