The Court, after perusing the local commissioner’s report and an unconditional apology, found the apology sincere due to the respondents’ offer to bear costs. The Court accepted the apology and discharged the notice.
Notice discharged; matter closed by accepting unqualified and unconditional apology of respondents.
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$~2.
versus
CLOUDS M PHARMAZ PVT LTD & ANR. ..... Respondents Through: Mr. Maurya Vijay Chandra, Advocate for R-2 and 3.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S.MEHTA O R D E R % 11.07.2018
The report of the local commissioner, in respect of the local commission executed in terms of our order dated 10.05.2018 has been placed on record. We have perused the same. We have also perused the reply filed by the respondents. The respondents have tendered their unqualified and unconditional apology. The same appears to be sincere on account of the fact that the respondents offered on the first date of their appearance to have the local commission executed at their cost and expense. A perusal of the local commissioner’s initial report dated 18.10.2017 leaves many questions unanswered. The said report inter alia states that the local commissioner had taken a local policeman from the Police Station, Pirbauhar. It is claimed that in his presence, the respondents/defendants had
beaten the photographer and videographer “blue and black”. There is no medical report in respect of the injury suffered by the photographer and videographer, despite the presence of a police personnel. It appears that no case was registered in respect of the said alleged conduct of the defendant and his employees.
Keeping in view all the aforesaid circumstances, we are inclined to discharge the notice. The unconditional apology tendered by the respondent is accepted and the matter is closed.
VIPIN SANGHI, J
I.S.MEHTA, J
JULY 11, 2018 nd/nk
1 issue framed by the court
Whether to accept the respondents' unconditional apology and discharge the notice filed under Section 138 of the Negotiable Instruments Act.
RAJ KUMAR PRASAD
CLOUDS M PHARMAZ PVT LTD & ANR
VIPIN SANGHI
I.S.MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
