High CourtsSingle Bench(2019) 01 DEL CK 0563

Somesh Kumar Bishnoi vs Capital Builder Private Ltd

Delhi High Court · Decided on 23 January 2019

HON’BLE JUDGES
Sunil Gaur, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 4511, 4516 Of 2017, Criminal Miscellaneous Application No. 31909, 31911 Of 2018

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Judgment

13 paragraphs · 211 words

Sunil Gaur, J

With the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common order.

Vide impugned order of 7th October, 2017 Appellate Court has directed petitioner to deposit a sum of Rs. 5,62,00,000/-(Rupees Five Crores Sixty

Two Lakhs) with the trial court.

During the pendency of this petition, settlement has been arrived at between the parties.

Learned counsel for both the parties submit that last order of 22nd October, 2018 has been substantially complied with and, two post dated cheques of

Rs. 89,50,000/- (Rupees Eighty Nine Lakh Fifty thousand) bearing No. 000369 and Rs. 15,00,000/-(Rupees Fifteen Lakh) bearing No. 000370 both

dated 20th April, 2019 have been already handed over to respondent.

Learned counsel for respondent submits that this case be posted for another date, to ensure that the aforesaid two post dated cheques (due for

encashment on 20th April, 2019) are actually encashed.

In the facts and circumstances of this case, it is deemed appropriate to dispose of these petitions, with the rider that in case the aforesaid two post

dated cheques are dishonoured, then the effected party is at liberty to get these petitions revived.

These petitions and applications are accordingly disposed of with aforesaid rider.