Disposed

Frick India Limited v. Pamela Manmohan Singh & Ors.

Delhi HC4 Jan 2017FAO(OS)/250/2016

Case brief

AI extract

What is this about?

The High Court recorded a settlement agreement filed by the parties in an appeal. The court modified an earlier impugned order based on the settlement terms and directed the registry to release deposited funds upon submission of cheques and correction of a typographical error in the settlement amount.

What did the court decide?

Settlement agreement taken on record; appeal disposed; Rs 30 lacs deposited to be released to respondents; interest to Bar Association fund.

Frick India Limited Vs Pamela Manmohan Singh & Ors. — Delhi HC (2017) — LawSathi Research

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$~1

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO(OS) 250/2016 & CM 30415/2016

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FRICK INDIA LIMITED ..... Appellant Through : Ms Rekha Palli, Senior Advocate with Ms Poonam Singh and Mr Sujoy Datta

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versus

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PAMELA MANMOHAN SINGH & ORS ..... Respondents Through : Ms Shreya Sinha for Mr Rana for R-1. Mr D. K. Pandey for Mr Lovkesh Sawhney for R-2.

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CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE ASHUTOSH KUMAR

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O R D E R % 04.01.2017 CM 47982/2016

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This is a joint application filed by the parties to take on record the settlement agreement which has been arrived at between the parties on 21.12.2016 at New Delhi. The settlement agreement which has been signed by all the parties, as confirmed by the counsel appearing on behalf of the parties, has been filed and the same is taken on record. The terms of the settlement are contained in Clauses 1 to 5 of the said settlement agreement which is Annexure-A to this application. We need not repeat those terms in this order. However, it needs to be pointed out that in Clause 2, a typographical error has crept in wherein after the amount of Rs 9 lacs in figures, the amount in words following in the bracketed portion refers to ‘Rupees eighteen lacs’. According to the learned counsel for the parties this is a

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typographical error and the amount in words should also read as Rupees nine lacs only. We are passing this order on this presumption and on the undertaking of the counsel that a corrigendum would be entered into by the parties and the same shall be filed in Court within a week.

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The amount of Rs 30 lacs, which was earlier deposited pursuant to our order dated 07.09.2016, is to be released to the respondent No.1 and respondent No. 2A to the extent of Rs 15 lacs each. This is in terms of Clause 1(I) of the settlement agreement. The Registry is directed to release the said sum of Rs 30 lacs as indicated therein within a week. The counsel for the parties indicate that any interest accrued on the said sum of Rs 30 lacs may be given to the Delhi High Court Bar Association Library Fund.

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In view of the settlement which has been arrived at between the parties, which is, in our view, lawful, the appeal stands disposed of. We are making it clear that the settlement which is taken on record, modifies the impugned order dated 01.08.2016 to the extent indicated in the settlement agreement. We may also record that cheques for the amount of Rs 15 lacs, Rs 15 lacs and Rs 6,75,000/have been handed over by the learned counsel for the appellant to the learned counsel for the respondent No.1 (one cheque for Rs 15 lacs) and to the learned counsel for the respondent No. 2A (the other two cheques). The cheque numbers

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are as under:-

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Sl. No.	Cheque Number	Drawn on	Amount	Dated
			(in Rupees)
1.	509818	Canara Bank	15,00,000	22.12.2016

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2.	509819	Canara Bank	15,00,000	22.12.2016
3.	509820	Canara Bank	6,75,000	22.12.2016

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Since the appeal stands disposed of in the above terms, the next date of hearing

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earlier fixed, i.e., 24.01.2017 stands cancelled.

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BADAR DURREZ AHMED, J

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ASHUTOSH KUMAR, J

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JANUARY 04, 2017 SR

Frick India Limited v. Pamela Manmohan Singh & Ors.

Case brief

What is this about?

What did the court decide?

Frick India Limited v. Pamela Manmohan Singh & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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