T.V. Krishnamurthy Vs Agam Aggarwal & Ors.

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 469/2016

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T.V. KRISHNAMURTHY

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.....Petitioner

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Through: Mr. Sachin Jain, Mr. Hardeep S Sodhi, Advocates

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versus

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AGAM AGGARWAL & ORS .....Respondents Through: Mr. Pawan Kumar Ray, Ms. Shresth Nanda, Mr. Mahipal, Advocates for R-4 and R-5 with R-4 and R-5 in person.

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CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 21.01.2025

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Respondent no. 4 is present in Court.

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On behalf of Respondent No. 5, a certificate issued by the concerned doctor of Escorts Heart Institute and Research Centre Ltd. has been filed. Based on this certificate, learned counsel for Respondent No. 5 states that Respondent No. 5 has been advised to remain at home and take rest.

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He states that payments, as per the statements made before this Court on 30.08.2024 and 12.07.2019, have been made to the Petitioner by Respondent Nos. 4 and 5.

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He states that the complainant as well has acknowledged that the dispute inter-se between the complainant and Respondent nos. 4 and 5 now stands settled; after having received the payments.

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He states that in view of the said settlement, no further proceedings in the complaint case can be pursued by the Petitioner against Respondent nos.

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CRL.REV.P. 469/2016 Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:42:09

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4 and 5. He also relies upon the proceedings recorded before the learned Trial Court on 14.01.2025.

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He states that since payments were made by the complainant to the company in which Respondent nos. 1, 4 and 5 were directors the liability to re-pay the amount to the complainant has to be borne by all the three Directors equally. He states that complainant has recovered 2/3^rd of his payments and the balance 1/3^rd is payable by Respondent no. 1.

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Learned counsel for the Petitioner confirms that the complainant has resolved his disputes with Respondent Nos. 4 and 5 upon receipt of the said monies, while reserving his right to pursue the complaint case against Respondent no. 1 for the balance 1/3^rd amount.

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He states that complainant will appear before the learned Trial Court for withdrawal/compounding of the complaint qua Respondent nos. 4 and 5. He however states Respondent nos. 4 and 5 must be directed to appear as witnesses to prove the claim of the complainant qua Respondent no. 1.

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In response, learned counsel for Respondent Nos. 4 and 5 confirms that Respondent Nos. 4 and 5 will appear as witnesses in the complaint case in support of the complainant.

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The statements of the parties are taken on record and the parties are bound down to the same.

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Respondent nos. 4 and 5 are directed to file all documents evidencing the payment and settlement inter-se the complainant and Respondent nos. 4 and 5.

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Moreover, in view of the above, Respondent nos. 4 and 5 are exempted from any further appearance before the Trial Court.

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Learned counsel for the Petitioner states that since the complaint case

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CRL.REV.P. 469/2016 Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:42:09

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is now proceeding further, the Petitioner is not pressing the relief sought in the present petition.

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Accordingly, the captioned petition stands disposed of along-with all pending applications, if any.

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The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

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MANMEET PRITAM SINGH ARORA, J

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JANUARY 21, 2025/ mt/AKT

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Click here to check corrigendum, if any

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CRL.REV.P. 469/2016 Page 3 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:42:09

T.V. Krishnamurthy v. Agam Aggarwal & Ors.

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T.V. Krishnamurthy v. Agam Aggarwal & Ors.

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