Interim Order 15

Order Details: COPY OF ORDER
Pdf Text: Payal Gupta v. M/s Rajdhani Saree Sadan
CNR No.: DLCT01-012844-2024
Crl. Appeal No. 338/2024
CNR No. DLCT01-012828-2024
Crl. Appeal No. 339/2024
CNR No. DLCT01-012839-2024
Crl. Appeal No. 341/2024
CNR No. DLCT01-012776-2024
Crl. Appeal No. 342/2024
CNR No.: DLCT01-012899-2024
Crl. Appeal No. 345/2024
03.01.2026
Present : Ms. Vijay Laxmi, Ld. Counsel for the appellant.
The appellant is present.
Mr. Sachin Aggarwal and Mr. Aditya Choudhary,
Ld. Counsel for respondent, namely, M/s Rajdhani
Saree Sadan.
Mr. Sanchit Gupta, one of the partners of the
respondent.
It is submitted by the Ld. Counsel for the parties as
well as by the appellant and Mr. Sanchit Gupta, one of the
partners of the respondent that the matters/dispute have/has been
amicably resolved between the appellant and the respondent at
Delhi Mediation Centre, Tis Hazari Courts, Delhi and a
settlement agreement dated 06.09.2025 has been executed
between the appellant and the respondent to the said effect.
It is further submitted by Ld. Counsel for the parties
that as per the said settlement agreement, the parties have
amicably resolved to settle their dispute for a total settlement
amount/consideration of Rs. 5,40,000/- (Five Lakh Forty
Thousand only) out of which, it has been agreed that a sum of
Rs. 2,20,000/- (Rupees Two Lakh Twenty Thousand only) would
be released in favour of the respondent, stated to be deposited in
the present appeals, pursuant to the directions of the Ld.
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Predecessor Judge and the balance amount of Rs.3,20,000/-
(Rupees Three Lakh Twenty Thousand) would be paid in 12
installments
i.e. 10 installments of Rs.25,000/- each and 2
installments of Rs.35,000/- each, starting from 15.11.2025, to be
deposited by the appellant in the account of the respondent, as
specified under Clause 6(ii) of the said settlement agreement.
At this stage, Ld. Counsel for the respondent has
submitted that the respondent is in receipt of a sum of Rs.
50,000/- from the appellant
i.e. installment for the months of
November, 2025 and December, 2025 and the Ld. Counsel has
requested for release of the amount deposited pursuant to the
directions of the Ld. Predecessor Judge.
Notably, on perusal of the records, it is observed that
a sum of Rs.1,08,200/- (Rupees One Lakh Eight Thousand and
Two Hundred only), cumulatively was deposited by the appellant
pursuant to the directions of the Ld. Predecessor Judge, in
variance to a sum of Rs.2,20,000/- (Rupees Two Lakhs Twenty
Thousand only), as specified under the settlement agreement.
Upon being enquired, Ld. Counsel for the parties submitted that
the balance amount of Rs.1,11,800/- (Rupees One Lakh Eleven
Thousand and Eight Hundred only) is the amount of sureties in
the present appeals, which may be released in favour of the
respondent.
However, upon being informed that there is no such
provision for release of the surety amount in favour of the
respondent, the appellant and the respondent have now agreed
that against the settlement amount of Rs.5,40,000/-(Rupees Five
Lakhs Forty Thousand only), as specified under Mediation
Settlement Agreement dated 06.09.2025, a sum of Rs.1,08,200/-
(Rupees One Lakh Eight Thousand and Two Hundred only) may
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be released in favour of the respondent, which was deposited by
the appellant, pursuant to the directions of the Ld. Predecessor
Judge in the present appeals. Further, it is submitted by the
appellant and Mr. Sanchit Gupta, one of the partners of the
respondent that the balance amount from the agreed settlement
amount of Rs.5,40,000/-(Rupees Five Lakhs Forty Thousand
only) would be now paid by the appellant as 8 installments of
Rs.25,000/- each; 2 installments of Rs.35,000/- each; and 4
installments of Rs. 27,950/- each, to be deposited by the
appellant in the account of the respondent, as specified under
Clause 6(ii) of the Settlement Agreement dated 06.09.2025 on or
before 15th day of every month starting from January, 2026.
Needless to mention that the respondent is already in receipt of
Rs. 50,000/- from the appellant as on date. Further, the appellant
has submitted that she has no objection if the said amount of
Rs.1,08,200/- (Rupees One Lakh Eight Thousand and Two
Hundred only) is released in favour of the respondent. Further,
the parties have submitted that they would abide by the
remaining terms of the settlement agreement. Separate
statements of the appellant and Mr. Sanchit Gupta, one of the
partners of the respondent are recorded to the said effect. Further,
Mr. Sanchit Gupta has placed on record, copy of partnership
deed dated 09.04.2024, executed between Mr. Pankaj Gupta and
Mr. Sanchit Gupta, partners of the respondent, on record.
At this stage, it is observed that in Crl. Appeal No.
338/2024, demand draft bearing no. 552159 dated 24.09.2024
drawn on Kotak Mahindra Bank and Banker’s cheque bearing
no. 014032 dated 26.09.2024 drawn on State Bank of India
cumulatively amounting to Rs.22,200/-; in Crl. Appeal No.
342/2024, one demand draft bearing no. 552194 dated
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11.12.2024 drawn on Kotak Mahindra Bank, amounting to
Rs.21,800/-; and in Crl. Appeal No. 345/2024, one demand draft
bearing no. 552158 dated 24.09.2024 drawn on Kotak Mahindra
Bank amounting to Rs.21,600/-, were deposited by the appellant
before Ld. Predecessor Judge, which are on record.
Consequently, demand draft bearing no. 552159
dated 24.09.2024 drawn on Kotak Mahindra Bank and Banker’s
cheque bearing no. 014032 dated 26.09.2024 drawn on State
Bank of India cumulatively amounting to Rs.22,200/-; demand
draft bearing no. 552194 dated 11.12.2024 drawn on Kotak
Mahindra Bank, amounting to Rs.21,800/-; and demand draft
bearing no. 552158 dated 24.09.2024 drawn on Kotak Mahindra
Bank amounting to Rs.21,600/- be released to the respondent/Mr.
Sanchit Gupta, one of the partners of the respondent, upon the
retention of a copy of the said demand drafts/bankers cheque
containing due acknowledgment of receipt of the original
demand drafts/banker’s cheque by the respondent/partner of the
respondent.
Further, issue notice to the concerned branch of
Kotak Mahindra Bank and State Bank of India to release amount
of the said demand drafts/Banker’s cheque in the account of the
respondent upon presentation of original demand drafts/
Banker’s cheque by/on behalf of the respondent before the
concerned banks.
It is further observed in Crl. Appeal No. 339/2024,
a sum of Rs.21,400/- and Crl. Appeal No. 341/2024, a sum of
Rs.21,200/- was deposited by the appellant before the concerned
Ld. Trial Court in cash against receipt. Accordingly, a copy of
this order be marked to the concerned Trial Court to ensure that
the said amount is released in favour of the respondent as per
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rules.
In the interest of justice and as prayed for, list for further
proceedings on 22.04.2026.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
03.01.2026
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