Smt Nisha Sharma v. The State Of NCT Of Delhi
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1880/2017 SMT NISHA SHARMA ..... Petitioner Through versus THE STATE OF NCT OF DELHI ..... Respondent Through
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 18.12.2017 Pursuant to the proceedings dated 15.11.2017 whereby the matter had been referred to the mediation, the settlement agreement dated 7.12.2017 has been received from the Delhi High Court Mediation & Conciliation Centre indicating that a settlement has been arrived at between the petitioners and the complainant and also the wife of the applicant petitioner.
On behalf of the petitioner it has been submitted that a sum of Rs.1755000 deposited in the form of a DD No.89070 dated 24.10.2017 towards part payment that had been claimed by the petitioner from the respondent in view of the mediation settlement clause 4 thereof which reads to the effect:
"4. That the parties agree that the amount of Rs.17,55,000/- (Rupees Seventeen Lakh Fifty Five Thousand Only) which has been deposited with the
Registrar, Delhi high Court be returned to Third Party. This amount which is deposited with the Hon'ble Delhi High Court shall be deemed as a part consideration of the suit property and shall be deducted from the total sale consideration.", be released to the petitioner, which is not opposed on behalf of the complainant and in view of the non-opposition on behalf of the complaint is not opposed on behalf of the State as well. In view thereof, the amount of Rs.17,55,000/- deposited by the petitioner in terms of proceedings dated 15.11.2017 is allowed to be released alongwith the interest accrued thereon to the petitioner through counsel representing the petitioner whose vakalatnama would be on the record.
In view thereof, in the event of arrest, the applicant is allowed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.
The Bail Appln. No. 1880/2017 is disposed of. ANU MALHOTRA, J DECEMBER 18, 2017/sv