M/s Micasa Restaurants Pvt Ltd & Anr. vs Mr. Shakir Gangjee

"II. In view of the settlement arrived by both the parties in the above revision petition the petitioner hereby undertakes to withdraw the same unconditionally.

III. During the Course of the mediation, both the parties along with the counsels present and they have agreed to the following terms of payment.

a)

The Petitioner/accused has undertaken and confirmed to the respondent/complainant and his brother Mr. Safdar Gangjee that he shall pay a total sum of Rs.2,40,00,000/- (Rupees Two Crore Forty Lakhs Only) apart from a sum of Rs.49,17,359/-(Rupees Forty Nine Lakhs Seventeen Thousand Three Hundred Fifty Nine Only) which is already deposited by the petitioner/accused in the proceedings in C.C.No.57663/2022, C.C.No.57662/2022, С.С. No.55869/2022, C.C.No.55331/2022. No deposits have been made in C.C No.15509/2022 and C.C No.512/2022.

b)

The respondent/complainant and his brother Safdar Gangjee have agreed to receive a total sum of Rs.2,40,00,000/- (Rupees Two Crore Forty Lakhs Only) towards settlement of all their claims in the above criminal cases.

c)

The accused has undertaken to pay the above said sum of Rs.2,40,00,000/- (Rupees Two Crore Forty Lakhs Only) to the respondent/complainant in 10 installments as detailed hereunder.

(i)

Rs. 10,00,000/- (Rupees Ten Lakhs Only) on or before 31.10.2026(Rs. 5,00,000/- to the account of Mr. Shakir Gangjee and Rs. 5,00,000/- to the account of Mr. Safdar Gangjee);

(ii)

Rs. 10,00,000/- (Rupees Ten Lakhs Only) on or before 30.11.2026(Rs. 5,00,000/- to the account of Mr. Shakir Gangjee and Rs. 5,00,000/- to the account of Mr. Safdar Gangjee);

(iii)

Rs. 10,00,000/- (Rupees Ten Lakhs Only) on or before 31.12.2026(Rs. 5,00,000/- to the account of Mr. Shakir Gangjee and Rs. 5,00,000/- to the account of Mr. Safdar Gangjee);

(iv)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 31.01.2027(Rs. 1500,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(v)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 28.02.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(vi)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 31.03.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(vii)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 30.04.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(viii)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 31.05.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(ix)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 30.06.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

(x)

Rs. 30,00,000/- (Rupees Thirty Lakhs Only) on or before 31.07.2027(Rs. 15,00,000/- to the account of Mr. Shakir Gangjee and Rs. 15,00,000/- to the account of Mr. Safdar Gangjee);

d)

The aforesaid amounts would be credited by RTGS/ NEFT/ Online Transfer on or before the dates mentioned herein above in Para No.III(i) to (x) to the following respective accounts of the Respondent/ Complainant and his brother Safdar Gangjee:

BANK ACCOUNTS

i)

Shakir Gangjee Bank: ICICI Bank Ltd Branch:M.G. Road Branch Bangalore Savings BankAccount No.: 000201061255 IFSC Code: ICIC0000002

ii) Safdar Gangjee Bank:HDFC Bank Ltd Branch:IT Park, Whitefield Road, Bangalore Savings BankAccount No.: 00771140004210 IFSC Code:HDFC0000077

e)

The Petitioner/Accused and his entities have agreed, accepted and undertaken that the dates mentioned hereinabove for each payment are sacrosanct and form the essence of this settlement/memorandum of settlement and that there shall be no extension of time sought nor granted for any of the payments under any circumstances whatsoever.

f)

In the event of default of payment as detailed hereinabove the respondent/complainant and his brother Mr. Safdar Gangjee, are at liberty to take appropriate steps as contemplated under law in respect of all the cases, including criminal contempt proceedings, which the petitioner agrees and undertakes to this Hon'ble Court.

g)

Further, the Petitioner/ Accused and his entities have also agreed and undertaken to be liable to the Respondent/ Complainant and his brother Mr. Safdar Gangjee an additional amount of Rs. 30,00,000/-(Rupees Thirty Lakhs Only) which is additional compensation in addition to the settlement amount of Rs. 2,40,00,000/-."