Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8CC NI ACT2669/2023VASU POLYMERS INDIA PVT LTD Vs.
AARAV PACKAGING PVT LTD/0 (Shalimar Bagh)
Proceedings conducted online through Video Conferencing using
CISCO WEBEX Software.
Assistant Ahlmad and Regular Stenographer of this Court are on
leave today.
Substitute Stenographer provided to this court vide circular
no.F2(2)/Admn./NW/RC/ 2024/2895-2897 dated 20.02.2024 is also
on leave.
The undersigned is also looking after link work.
07.03.2024
Present : None for the complainant.
Sh. Vikramjeet Singh, Ld. Counsel for the accused
no.2 to 4.
Accused no.1 is a company.
Matter is listed for 2 ‘O’ clock.
Put up again at 2 ‘O’ clock.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North-West,
Rohini Courts, Delhi/07.03.2024
At 2:35 p.m.
Present : Sh. D.R. Jain, Ld. Counsel for the complainant
alongwith AR of the complainant.
Sh. Vikramjeet Singh and Sh. Arun Mehta, Ld.
Counsel for the accused no.2 to 4 alongwith accused
no.2 to 4.
Matter has been listed for appearance of the complainant
as on the last date of hearing, an application for compounding the
present complaint was made on behalf of the accused persons.
Complainant is present before the court at court’s work
station.
A specific query has been put to the complainant
whether he wants to take the cheque amount of Rs.50 Lacs and
withdraw the present complaint against the accused or not to which,
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the complainant submits that he wants to claim the interest amount
and other costs and does not want to settle the matter at the amount of
Rs.50 Lacs. He submits that he wants to proceed the matter on merits.
He further submits that the present complaint cannot be compounded
without the consent of the complainant.
Per contra, Ld. Counsel for the accused submits that the
accused in compliance of direction given in the summons so served to
him has applied for compounding of the present matter on his first
appearance before the court. He further submits that the accused is
ready to pay the full and final cheque amount of Rs.50 Lacs to the
complainant without any delay in compliance of judgment of Hon’ble
Supreme Court in Damodar S. Prabhu Vs. Sayed Babu Lal H 2010.
The complainant has been informed that the cheque
amount in the present complaint is Rs.50 Lacs and any amount over
and above this is totally in the discretion of the court depending upon
the outcome of the trial. He has further been informed that if the
matter is proceeded on merits, it may take many years to reach its
conclusion and may cause unnecessary harassment to the accused who
is ready to end the litigation at the initial stage. It may further cause
unnecessary burden on the court as well as a litigation which can very
well end at its initial stage is unnecessary stretched for a so long
period.
Complainant has submitted his reply to the application
seeking compounding of the present complaint filed on behalf of the
accused. The same has been duly supplied to the Ld. Counsel for the
accused.
Ld. Counsel for the complainant relies upon certain
judgments in support of his arguments of claiming interest. A specific
question has been put to the Ld. Counsel for the accused with regards
to any judgment in which the court has awarded interest to the
complainant despite the proposal of accused making the entire
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payment of cheque amount on the first effective hearing/his first
appearance before the court.
Ld. Counsel for the complainant seeks some time to
place on record judgment on the specific question raised by this court.
Ld. Counsel for the accused is also at liberty to place on
record judgment in support of compounding.
Bail bonds have been furnished on behalf of accused
no.2, 3 and 4. Same stand accepted.
Put up for arguments on the application for
compounding the present complaint on 04.06.2024 at 2 p.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North-West,
Rohini Courts, Delhi/07.03.2024
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