Delhi High Court - Orders
Subhash Aggarwal & Ors vs Adigear International & Anr on 15 March, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~18(2022) & 19 (2022)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 33/2018 & CRL.M.A. 49100/2018,
EX. APPL. (OS) 348/2020, EX. APPL.(OS) 144/2021
SUBHASH AGGARWAL & ORS. ..... Decree Holders
Through Ms Sowmya Sai Kumar, Mr Siddharth
Vaid, Advocates.
versus
ADIGEAR INTERNATIONAL & ANR. ..... Judgement Debtors
Through Mr Hrishikesh Baruah, Advocate with
Mr Pranav Jain, Advocate.
AND
$~19(2022)
+ OMP (ENF.) (COMM.) 133/2019
SUBHASH AGGARWAL & ORS.
..... Decree Holder
Through Ms Sowmya Sai Kumar, Mr Siddharth
Vaid, Advocates.
versus
ADIGEAR INTERNATIONAL & ORS.
..... Judgement Debtor
Through Mr Hrishikesh Baruah, Advocate with
Mr Pranav Jain, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 15.03.2022
1. The learned counsels appearing for the parties state that the parties Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:22.03.2022 have settled their disputes in terms of the Settlement Agreement dated 14.03.2022, and the petitioner has received the agreed amount in discharge of the settlement arrived at before this Court.
2. In view of the above, the learned counsel appearing for the petitioner seeks to withdraw the present petitions.
3. The petitioner will take steps in terms of the Settlement Agreement to withdraw Complaint Case No. 13453/2019 pending before the learned Chief Metropolitan Magistrate, Patiala House Courts. He will also withdraw the police complaint bearing No. DY-C-2660/DCP/EOW dated 30.07.2018 with the Economic Offences Wing, in terms of the order dated 01.10.2019 passed by this Court in OMP (COMM) 340/2019.
4. In addition to the above, Mr Baruah states that the order dated 03.02.2021 passed by this Court in OMP (ENF) (COMM) 33/2018, whereby Canara Bank, Janpath Branch was directed to remit the amounts available in the bank accounts of the Judgment Debtors, is required to be recalled. Paragraphs 4 and 5 of the said order reads as under:-
"4. In view of the above, the present application is allowed and the Canara Bank, Janpath Branch, Delhi is directed to remit the amount available in the bank accounts of the Judgment Debtors being account Nos.
30720122862 and 30720122984 and the underlying Fixed Deposit to the bank account of Decree Holder No. 1 (Subhash Aggarwal) being bank account no. 630000636446 maintained with the State Bank of India, Vishal Enclave Branch, New Delhi having IFSC Code SBIN 0030306, within a period of seven days.
5. This order is subject to the Canara Bank not having any lien or any claim on the said Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:22.03.2022 amounts lying to the credit of the Judgment Debtors in the aforementioned accounts."
5. The learned counsel for the parties state that the said direction was not complied with by Canara Bank, Janpath Branch as it had marked the lien against the amounts lying to the credit of the Judgment Debtors.
6. In view of the settlement arrived at between the parties, the said direction is recalled and Canara Bank, Janpath Branch is no longer required to remit any amount to the account of the petitioners.
7. The order dated 31.05.2018 passed by this Court attaching the bank accounts of the respondent is also recalled in view of the recorded settlement arrived at between the parties.
8. The petitions are disposed of with the aforesaid directions.
9. All pending applications are also disposed of.
VIBHU BAKHRU, J MARCH 15, 2022 pkv Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:22.03.2022