Subodh Solanki & ORS. v. State & ORS.
$~13, 14, 41 to 47 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 3369/2021 M/S GREEN EDGE INFRASTRUCTURE PRIVATE LIMTED Mr. Arshdeep Singh Khurana, Mr.
Akshat Gupta, Mr. Manan Khanna, Ms. Shambhavi Mishra and Mr. Sidak Anand, Advocates STATE & ANR.
..... Respondents Mr. Naresh Kumar Chahar, APP for the State Gupta, Advocates for R-2 (14) CRL.REV.P. 383/2021 STATE OF NCT OF DELHI & ANR.
` Mr. Arshdeep Singh Khurana, Mr.
Akshat Gupta, Mr. Manan Khanna, Ms. Shambhavi Mishra, Mr. Sidak Anand, and Mr. Shakeel Sarwar Wani, Advocates for R-2 (41) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
BAIL APPLN. 1004/2019 (42) BAIL APPLN. 1005/2019 (43) BAIL APPLN. 1007/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(44) CRL.M.C. 712/2022 STATE & ANR.
Mr. Rajesh Kumar, Advocate for complainant (45) W.P.(CRL) 3487/2018 Ms. Nandita Rao, ASC for the State (46) W.P.(CRL) 3715/2018 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
RENUKA KULKARNI & ORS.
..... Petitioners Mr. Indresh Upadhyay and Mohd.
Faraz, Advocates (47) W.P.(CRL) 3716/2018 UPENDRA SINGH & ORS.
..... Petitioners None
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 10.01.2024 21.
Learned counsel for the accused/applicant Ashish Bhalla submits that the applicant and co-accused in the present case, i.e. Sunil Gandhi and Surendra Kumar Hooda, are willing to amicably settle the matter with the complainants. In such circumstances, learned senior counsel prays that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
matter may be adjourned for a few weeks so that an effective compromise can be reached between the accused persons and the complainants. 22.
Learned counsels, appearing on behalf of the complainants, submit that they have no objection to the request made on behalf of the accused persons, since the complainants would also be willing to settle the matter. 23.
Leaned ASC for the State, however, has vehemently opposed the request made on behalf of the accused persons. 24.
This Court's attention has been drawn towards the fact that vide judgment dated 17.02.2020, the Co-ordinate Bench of this Court in Sunil Gandhi & Anr. v. A.N. Buildwell Pvt. Ltd. CO Pet 6/2019 had approved a Revival Scheme propounded by the two of the promoters i.e. Surendra Kumar Hooda and Sunil Gandhi and vide same judgment, Hon'ble Justice (Retd.) Mr. S.P. Garg had been appointed as a Court Commissioner to oversee the implementation of the scheme. Thereafter, applications were also moved in the said case seeking recall of the approved Revival Scheme, which are currently pending before the Co-ordinate Bench of this Court. It is also noteworthy that accused Ashish Bhalla was not a propounder of the aforesaid Revival Scheme.
25.
Thus, today, though it has been submitted that all the three accused persons i.e. Sunil Gandhi, Surendra Kumar Hooda and Ashish Bhalla are willing to settle the matter with all the complainants, it has not been made clear as to how and what settlement will take place, considering the pendency of proceedings in CO Pet 6/2019, as taken note of in preceding paragraph.
26.
However, considering the fact that complainants have also expressed their desire to engage with the accused persons for the purpose of settlement, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
this Court directs that the accused persons namely Sunil Gandhi, Surendra Kumar Hooda and Ashish Bhalla shall inform this Court, within a period of two weeks, as to what steps and course of action do they intend to adopt for the purpose of settlement, to show their bona fides. 27.
However, it is clarified that if the applicants/accused persons fail to take any steps or place before the Court any material to show that they have taken any concrete steps in this regard or have in writing, outlined any future course of action after consultation with the complainants, this Court shall proceed to hear the present bail application on merits. It is further clarified that only in case a joint affidavit by the complainant and accused is filed on record regarding compromise, the matter will be adjourned, otherwise the bail applications will be heard on merit without granting any adjournment. 28.
For the aforesaid purpose, the matter stands adjourned to 25.01.2024. 29.
Till then, the interim orders shall continue. 30.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 10, 2024/ns Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.