Disposed

Yogesh Karia, Mumbai and Anr. v. Stn House Offr., R.R.Dist and 9 Others

Telangana HC8 Jul 2022WP/12615/2012

Case brief

AI extract

What is this about?

Criminal proceedings against the petitioners were quashed following an amicable settlement with the complainants. The court disposed of the writ petition in terms of the settlement agreement, without costs, and closed pending miscellaneous petitions.

What did the court decide?

Proceedings against the petitioners in C.C.No.973 of 2012 arising from F.I.R.No.13 of 2011, Police Station Jeedimetla, Cyberabad, quashed.

Yogesh Karia, Mumbai and Anr. Vs Stn House Offr… — Quashing and FIR | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE A. SANTHOSH REDDY

¶6

WRIT PETITION NO: 12615 OF 2012

¶7

Between:

¶8

Y,ogeql:t Karia, S/o Harish Karia Rl/o A 1301, Serinity Heights, Mind Space Malad West, Mumbai 400 064

¶9

Stephen Shaw, S/o Harold Shaw, Having office at Mill Close Bradmarsh Business Park Rotherham 560 1BZ United Kingdom

¶10

...pETtTtoNERs

¶11

AND

¶12

The Station House Officer, P.S. Jeedimetla Cyberbad, Ranga Reddy District. 2. The Assistant Commissioner of Police,, Balanagar, Ranga Reddy District. 3. The Commissioner of Police, Cyberabad, Ranga Reddy District.

¶13

Director General of Police, State ofifelangana, Lakdikapool, Hyderabad.

¶14

The State of Telangana, rep. by i{s Principal Secretary, Home Department Secretariat Buildings, Hyderabad.

¶15

K.Krishna Veni, Wo K.Nageswara Rao Rt/o H.No.5-55/44, Dollapally Road Phase-lV, lDA, Jeedimetla, Qutubullapur, Rangareddy District.

¶16

K.Nageswara Rao, S/o Appa Rao, Plot No.262, L.B.Nagar, Shapurnagar, Jeedimetla, Hyderabad-55

¶17

Md. Sultan Pa!e|,, S/o Mohd. Ghouse Patel Rl/o 9-4-8415311, Kakatiya Nagar Nanal Nagar, Cross Road, Mehdipatnam 500 008

¶18

Mr. Sanjeeva Rao, Police lnspector The Station House Officer, P.S. Jeedinletla Cyberbad,

¶19

'10. Mr. Damodar, The Assistant Commissioner of Police, Balanagar, Ranga Reddy District.

¶20

(RRs 4 & 5 CT is amended as per Court Order dated 24.10.2016 in l.A.No. 2 ol 2016 (*PMP No'44246 ol 2016)

¶21

...REspoNDENrs

¶22

Petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, one more particularly in the nature of Writ of Mandamus" declaring;-

¶23

i) the registering of Crime against the Petitioners in FIR No.13 of 2011 on the file of the Police Station, Jeedimetla, Cyberabad as illegal, unconstitutional and call for the records of the said FIR and quash the same and any further or resultant steps including the filing of any final report and/or any consequential steps taken pursuant thereto;

¶24

ii) declare the consequential arrest of the Petitioner No. 1 pursuant to the FIR no 13 of 2011 as illegal, arbitrary and unconstitutional;

¶25

iii) direct the Respondents 1, 2 and 5 to pay appropriate compensation as deemed proper and reasonable by this Hon'ble Court for compensating the Petitioner No. 1 for violation of his Fundamental Rights;

¶26

iv) direct Respondent Nos.3 to 5 to initiate appropriate enquiry and disciplinary proceedings against all the delinquent officers who have indulged in the unlawful acts of registering the FIR against the Petitioners herein and causing the unlawful arrest of the 1st Petitioner;

¶27

(Prayer is amended as per Court Order dated 03.08.2017 in WPMP No. 11371 of 20171

¶28

l.A. NO: 1 OF 2O12|WPMP. NO: 15798 OF 2012)

¶29

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of FIR No.13 of 2O11 on the file of the Police Station, Jeedimetla, Cyberabad including the arrest of the Petitioner No.2 pending the disposal of the Writ Petition

¶30

lA NO: 1 OF 2018

¶31

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to hear the Writ Petition at the earliest and in the meantime stay all further proceedings before the Hon'ble t,4etropolitan lvlagistrate, Cyberabad at Medchal in CC.No. 973 of 2012, registered on the basis of the FlR.NO. 13 ol 2O11

¶32

lA NO: 2 OF 2018

¶33

Petition under Sectron 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to hear the Writ Petition at the earliest and in the meantime stay all further proceedings in the FIR before the Ld.lVlV by declaring the issuance of summons and the NBWS by the Ld.lMIr/ to be i{legal and direci the same to be quashed

¶34

l.A. NO: 2OF 2017(WPMP. NO:21856 OF 2017Ii

¶35

Betwee n:

¶36

K.Krishna V_e1i W/o K,Nageswara Rao FYo H.No.5-55/44, Dollapally Road Phase-lV, lDA, Jeedimetla, Qutubullapur, Rangareddy District.

¶37

P ETITIO N E R/R E S PO N DE N T NO.6

¶38

AND

¶39

Yogesh Karia, S/o Harish Karia R/o A 1301, Serinity Heights, Mind Space Ivlalad West, Ivlumbai 400 064

¶40

Stephen Shaw, S/o Harold Shaw, Having office at tr/ill Close Bradmarsh Business Park Rotherham 560 1BZ United Kingdom.

¶41

3 The Station House Officer, P.S. Jeedimetla Cyberbad, Ranga Reddy District. 4 The Assistant Commissioner of Police,, Balanagar, Ranga Reddy District.

¶42

5 The Commissioner of Police, Cyberabad, Ranga Reddy District. o Director General of Police, State of Telangana, Lakdikapool, Hyderabad. 7 The State of Telangana, rep. by its Principal Secretary, Home Department Secretariat Buildings, Hyderabad.

¶43

K.Nageswara Rao, S/o Appa Rao, Plot No-262, L.B.Nagar, Shapurnagar, Jeedimetla, Hyderabad-55

¶44

I tvld. Sultan Patel,, S/o l,4ohd. Ghouse Patel Rl/o S-4-8415311, Kakatiya Nagar Nanal Nagar, Cross Road, Ir,4ehdipatnam 500 008

¶45

tvl r. Sanjeeva Rao, Police lnspector The Station House Officer, P.S. Jeedimetla Cyberbad,

¶46

[t/r. Damodar, The Assistant Commissioner of Police, Balanagar, Ranga ReddY District

¶47

...RES..NDENT'

¶48

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to amendment petition filed by writ petitioners by condoning the delay in filing the counter affidavit in the interest of justice

¶49

lA NO: 3 OF 2018

¶50

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the protection of stay of arrest of petitioner No.2 as per order dated 7th April 2012; piss an order clarifying that the proceedings before the Ld. Trial Court being Vl /etropolitan l,4agistrate Court would go on and the Ld Trial Court would be free to proceed with the case in accordance with.provisions of the code of Criminal Procedure without being bound by order dated 7-04-2012 in any manner Counsel for the Petitioners: SRI S. NIRANJAN REDDY

¶51

SRI K. SIDDHARTH RAO

¶52

Counsel for Respondent Nos. 1 to 5: GP FOR HOME

¶53

Counsel for Respondent No. 6: SRI M. GOVIND REDDY

¶54

Counsel for Respondent No. 7: SRI M. SATISH KUMAR

¶55

Counsel for Respondent No. 8: SRI S. SUDEEP REDDY

¶56

The Court made the following: ORDER

I I

t I

THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

¶61

W.P.No.I2615 OF 2012

¶62

ORDER

¶63

This writ petition IS filed under Article 226 of the Constitution ol India seeking to declare registration o1' crime against the petitioners in F.l.R.No.l3 of 201 1, on the file of Police Station, Jeedimetla, Cyberabad, as illegal, unconstitutional anJ quash the same.

¶64

During the pendency of the writ petition, the unoftlcial rcspondents/complainants and rrrit petitioners have amicablv scttled all the disputes between them by entering into a sertlemcnt agreemeni dated 26.05.2022. A copy of settlement 3-green,ent is trled and the same is taken on record. In pursuance of thc settlerrent agreement, both the learned counsel submit that the rvrit petition can be disposed of.

¶65

3 Initially, the writ petition vras filed to quash F.l.R.No.l3 of l0l I , on the file of Police Station, Jeedimetla, Cyberabad, but it appears during the pendency of the proceedings, police lrled chargc shce t and the same was registered as C.C.No.973 ot- 2012. on the' file of the learned Additional Junior Civil Judge-cum-

,.-.'

XXI Metropolitan Magistrate, Cyberabad at Medchal. Ranga

¶70

Reddy District.

¶71

Afler hearing the submissions of bo,.ii the iean.red counsel anci on upon perusing the mate::ial on recorC and the settlernent agreement dated, 26.05.2022 entered into betwcen both the ;:arties^{anri1-o put a quietus to aii the disput.;s,the writ pctition is} disposed of in terms of the settiement ag.eement dated 26.05.2022. The proceedings against the petiticrrers in C.C.No.973 of 20 12, on thc file oi the leamed ^iiddi':iona1 Juniol Cir ii Judge-cunXXI Mctropolitan Magistlate, Cyberabad at Medchal. Ranga Recdy District (F,I.R.No.13 of 2011, on the file of Police Siation, .lee iiimetia, Cyberabad), are hereby quashed. No costs.

¶72

Pending miscellaneous petitions, if any, stand closed.

¶73

Sd/. T. TIRUMAL EVI ASSISTANT REGI TRAR //TRUE COPY// t sEcror+ OFFICER To, 1. The Additional Junior Civil Judge - cum - XXI^{N/etropolitan magistrate,} Cyberabad at N,4edchal, Ranga Reddy District. 2. The Station House Officer, P.S. Jeedimetla Cyberbad,^{Ranga Reddy District} 3. The Assistant Commissioner of Police,, Balanagar,^{Ranga Reddy District-} 4. The Commissioner of Police, Cyberabad, Ranga Reddy^District. 5. The Director General of Police, State of^{Telangana, Lakdikapool, Hyderabad} 6. The Principal Secretary, Home Department, State^{of TelanganaSecretariat} Buildings, Hyderabad.

¶74

One CC to Sri S. Niranjan Reddy, Advocate^(OPUC) 8. One CC to Sri K Siddharth Rao Advocate [OPUC] 9. One CC to Sri S. Sudeep Reddy, Advocate^(OPUC)

¶75

One CC to Sri t\4 Govind Reddy Advocate [OPUC]

¶76

11.Two CCs to GP For Home, High Court for^{the State of Telangana.} [OUT]

¶77

12.One CC to Sri M Satish Kumar^Advocate [OPUC]

¶78

(Along with a copy of terms of the Settlement Agreement^dated 26-05.2022)

¶79

Two CD Copies

¶80

One Spare Copy

IMBC

HIGH COURT

ASR,J

DATED 10810712022

ORDER

WP.No.I2615 of 2012

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DISPOSING OF THE WRIT PETITION
WITHOUT COSTS

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AES Engineering Limited, Global Technology C)ntr., having office at Mill Close, Bradmarsh Business Park, Rotherham, S60 1BZ, UK, represented by Mr. Stephen Shaw, S/o Mr. Harold Shaw, authorized vide resolution dated 24 May 2022.

¶97

Mr. Yogesh Karia, Vo Mr. Harish Karia, R./o Wing A/1301, Serenihits, New Link Road, Goregaon, Mumbai.

¶98

which expression, unless repugnant or opposed to the context thereof, includes its successors, representatives and permitted assigns) of the FIRST PART.

¶99

AND

¶100

Mr. K. Nageshwara Rao, S/o Appa Rao, R/o plo.t No. 262,L.8. Nagar, Shapurnagar, Jeedimetla, Hyderabad-35, Telangaaa;

¶101

Md. sultan Patel s/o Mohd. Ghouse patel, No g-4-g4/5311, Kalkatiya Nagar, Nanal Nagar, Cross Road, Mehdipatnam, Hyderabad - 55;

¶102

Ms. K. Krishnaveni, Wo Mr. Nageshwara Rao, R/o plot No. 262, L.B. Nagap Shapurnagar, Jeedimetla, Hyderabad-35, Telangana; - F,

¶103

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[.,I/s Standard Mechanical Seals (India) private Limited, having its registered ofn"" $ Door No. 5-55/44, Doolapally Road, IDA phase V-Extn., Jeedimetla, Hyderab 5000055 through its duly authorized Directors, Mrs. K. Krishnaveni & Mrs Sultana authorized vide resolution dared 2l Api^l2Ol7

¶105

M/s. Reliability Engineering India pr.t, Ltd., having its office at plor No. G-1, Office,* Thiruma Enclave, Sriram Nagar,Suraram 500055,tbrough its duly aurhorized signatory, ! Mr. B. Radhakrishna. Lr.

¶106

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M/s Patel Industries, having registered office at 9-4-84153/1, Kakatiya Nagar, Nanal Nagar Cross Road, Mehdipatnam, Hyderabad - 500008, Telangana, tluough its Proprietor, Ir4r. Md. Sultan Patel.

¶108

which expression, unless repugnant or opposed to the conte)ac thereof, includes its successors, representatives and permitted assigns) of the SECOND PART.

¶109

All the Parties are hereinafter together refened to as the "Partics".

¶110

RECITALS

¶111

A. WHEREAS Mr. K. Nageshwara Rao ("Mr. Rao") and Mr. Mohd, Sultan Patel ("Mr. Petel"), the then direclors of M/s Standard Mechanical Seals Pvt. L entered into an Asset Purrlhbse Agreement ("APA") with AESSEAL Ind the "Acquired Assets" of SMSPL on 3 September 2008 for total consi 17,20,00,000/- (Rupees Seventeen Crores and Twenty Lakhs Only).

¶112

B WHEREAS as per the terms of AlA, AESSEAL India paid Rs. 12,90,00,000/- (Rupees J Twelve Crores and Ninety Lakhs Only) to SMSPL by cheques between 29 August 2008 and 3 September 2008. The rest of the amount i.e. Rs.4,30,00,000/- @upees Four Crores and Thirty Lakhs Only) was to be paid 3 years after the signing of the APA, pmvided that Mr. Rao dnd Mr. Patel do not leave the employment or the same is not ol

¶113

terminated due to tbe Employee Clause as stipulated in the APA. u. l

¶114

C, WHEREAS Mr. Rao and Mr. Patel alsb entered into sopamte em?loJn4nta$einbp I S rvith AESSEAL ltrdin orr 3d ScplembBr 2008, after'which Mr. Rgq wgs a$oiqted a \ E .Managdog btudalor llt ths'Hyderabdll office of AlStEhI" lndla .aqd Mr. P4rel *a'# V E appointed as the Manufacturing Director at the Pune office. e > -.1,E-.1,EE

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WHEREAS in 2009, disputes arose between Parties.

¶117

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E WHEREAS the differences and disputes between the Parties culminated in initiation several civil and criminal litigations.

¶119

F WHER-EAS in order to put a quietus to the pending disputes the Parties are now gi desirous of amicably settling all ir?rer.re disputes arising out ofthe above or otherwise. fo

¶120

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¶121

For AES Engineering Ltd. UK

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FoTAESSEAL INDIA PW. LTD.

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Now, TITEREF oRE' THESE PRESENTS WITNESS and it is hereby agreed declared and covenanted and recorded by and between the Parties as under:-

¶129

1. SETTLEMENT OF PENDING PROCEEDINGS

¶130

l.l rhe Parties hereby agree to withdraw/seek disposal / quashing of an inrer se pending civil and criminal proceedings (.,pending proceedings"), as detailed below:

¶131

Sr. No.	Proceed ParticularsofPendin	Forum
i	2011underSection(s)420,406,464, 465,468,471 readwith34ofthe IndianPenal Code 1860("IPC',)and Section(s)43ft),72,72Aofthe InformationTechnologyAct,2000) RCCNo.50 0t2011 f RNo 3 3 3 o ( Sratei.K.N war Rao&Ors.	Ld.JudicialMagistrateIClass, Pune
2	201 1under Section(s)448and596of IPCaad chargesheetfiledunder Section(s)448,506,504,509, 3841511,385,109oftheIpC) C.CNo.973120l2(FIRNo. l3of	Ld, AdditionalJuliorCivil JudgeCumXXIMetropol.itan MagistrateJudgeCyberabadar Medchai,Telangana
	Statev.StephenSharv&Ors
3.	WritPetitionNo.12615of2012 Yogesh Karia&Anr.v.StationHouse PSJeedimetla&Ors Officer	C' G.o, HighCourt ofJudicarured, Hyderabad forStareof$ Te a
4.	ArbitrationOPNo.920of2015 (RenumberedasCOPNo.123of 2016) AESSEALIndiaP!t.Ltd.v.K NageswaraRao&Ors.	A. ChiefJudge,CityCivilCo Hyderabad -.a
5.	(RenumberedasCOPNo.55 of2016) SMSPLvs.AESSEALIndiaPvt. Ltd. &Ors. Arb No o on P 0 8 6 f o 0 2 5 I	efJudge, CityCivilCou = chi Hyderabad o u-

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FoTAESSEAL INDIA PW. LTD.

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¶134

¶135

	6	ArbitrationO.P.No.1946of2015 (RenumberedasC.O.P167D017) Sultan Patel&Anr. v.AESSEALindiaPvt. Ltd.&Ors.	Chiefludge,CiryCiuilCourt, Hyderabad
	7	OSNo.73of20l2'nowCbinmercial COSNo. 36of20l8 AESSEALIndiaPl4. Ltd.&Anr.v. ReliabilityEngineering Indushies& Ors.	Court bfCommercialCourt cumAdditionalCivilJudge,RR District,Andhra Pradesh
	8	COSNo.30of20t8 N,{/sShrikishna Industries&Anr.v. AessealIndia Pvt. Ltd	AdditionalDistrictJudge cum CommercialCourt,Ranga ReddyCourts atL.B.Nagar*
	9.	KKrishnaveniv.Aesseal IndiaPvt. Ltd.&Ors. OSNo.I53of202l	Ill.{ddtfion4fDistrict cumGoidieriial Court ReddyCourts at:L.B. Ju(lsd- ,R*E Naesug( J IJJF
1.2	ThePanie personor PendingP Courtsthe	sherebyagreethattherespectiveparty, othercorporateentitycontrolledbythes roceedingsintherespectiveforumsand factum ofthepresentSettlementAgreem	includinganyCompany,firm, aidparty,shall notpursuethe shall submitto the respective ent. t-L ,; E o

¶136

1.3 The P'arties hereby 8gr-e thirt either'*iey oJlbtplgllt$6it tesrgcti.ve legal coru:rsc(s) shall whhdra seek disposal hy uny ofclosUre./ disnissal / quashing / canosllation art of thr Pelding Plqpwdilgq, as th€ ..ogsc rpey .& irn tprms, of ttis A1[gement w.eel(s^.fus dal-g: of etecrltiotr, of^this A€rpement prauy such hearing, a

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¶139

1.4 The panies of the First Part shall deliver the vacant possession of the prope*y H admeasuring 2591.10. sq. yd. ofPlot No.20/Part, Survey No. SO, tOa, feeaimela# Village, Phase III Quthbullapur Mandal, Sub-distript and Registration District -$ Ranga Reddy District, Hyderabad, Telangana in question cunently pending in 3

¶140

FoTAESSEAL |NDIA pW. LTD.pW. LTD.LTD.

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¶142

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¶143

C.O:S. No 30/2018 to ]Ws Shrikishna Industries and M/s patel Indusrries on 7 June 242.

¶144

1.5 The Parties hereby agree to take any and all such appropriate step(s) as may be required under applicable law(s), including but not limired to filing all such appropriate application(s), affidavit(s) and/or such further proceedings (specifically ,nder Section 482 of the criminal procedure code, 1973 in relation to criminal case(s)) as may be necessary or ro make statement(s) to the effect of unconditional withdrawal of such proceedings.

¶145

1.6 The Parties further agree to provide mutual cooperation and assistance to one another to aid in expeditious withdrawal of the^pending proceedings by way of providing necessary amdavits(s) and,ior other document(s) requiring execution by i the other side. ,:

¶146

1 MUTUALOBLIGATIONS & GENERALRELEASE J ?

¶147

2.1 With rcgad to fisputes arising out of the ApA or ernploymenV termination of Mr. j I RAd^.and Mr,; Patel rrriih AESSEAL lndia, the parties hereby agree d:ar they, { imqlirding any ep-mBaoy, firm, person or other corporare entiry controlled by thed said party, shall retgin from indulging in any activity thar may be derimenral toj the business, reputatiog life and liberry and/or property ofrhe orher party includingf that oftheir business constituents, employees, relations and/or other related partiesr! connected with the dispute(s) and.shall ensure closure and settlement of all such disputes in terms of this Settlement Agreement. t!a a

¶148

2.2 Nothing contained in this agreement shall operate as a restriction on rhe existing or Fa/)E. i qo future business and profession of the parties herein. o= &

¶149

2.3 Subject to the fulfillment ofthe terms and conditions contained in this Settlement a Agreement, the Parties hereto release, acquit, and forever absolutely discharge the -az, other party, including any Company, firm, person or other corporate entity EG:c controlled by the said party, from any and all actions, causes of action, claims, counterclaims, cross-claims, defenses, affirmative defenses, debts, liabilities, v) ,1;

¶150

accounts, damages, demands and causes, whether k-nown or unknown, arising out of or relating to the APA, termination of Mr. Rao and Mr. Patel, or any other!=

¶151

FoTAESSEAL tNDtA pW. pW. LTD.

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r, n,,0ir,ry Enffiffi LH. For REL I48Ii :TY ENG|INEER,NG
Authorized Signatory
P*JLVa"tu fuho,tod )uc^JrSigndory (VENKAIAprop lor P e6 fll

¶153

¶154

proceedings between the Parties. Upon lulfillment of the terms and conditions contained in this Settlement Agreement, the Parties acknowledge and agree that neither ofthe Parties including any Company, firm, person or other corporate entity controlled by the said party has or shall have any disputes or grievances qua the other Party in relation to or arising out of the underlying agreements and disputes that are the subject matter of this Se$lement Agreement. This Settlement Agreement settles all disputes and differences between the parties fully and irrevocably, including any further monetary claim(s) and/or obligation(s) towards each other.

¶155

3. CONSEQUENCESOFBREACH:

¶156

3.1 The Parties agee that the failure on &eir part to honor any obligations under this 1 Spttlement Agreement ("Breach') shall entitle such party to avail its legal j remedies against the party ("Breaching Party") who has bteached the Settlementl! Agreemenl.

¶157

¶158

s.z The Breaching Party shall have seven (7) days to cure the Breach, as measured by 4)

¶159

the time of receipt of any notice ofBreach served hereunder. Upon conclusion of tU t-'4.

¶160

seven (7) days, tlre non-breaching Party shall be entitled to avail legalrbmddies as IL mentioned herein above and any recourse available in law. U; E

¶161

3.3 In the er ent ofBreach, the Parties the er ent ofBreach, the Parties er ent ofBreach, the Parties ofBreach, the Parties the Parties Parties shall stand discharged stand discharged discharged of further performance offurther performance ofof o

¶162

3.3 In the er ent ofBreach, the Parties the er ent ofBreach, the Parties er ent ofBreach, the Parties ofBreach, the Parties the Parties Parties shall stand discharged stand discharged discharged of further performance offurther performance ofof o

¶163

its respective obligations, mutuhl promises and covena:rts contained in this Settlement Agreemenl after expiry ofseven (7) days from the day of occurrence of such Breach, and the Parties' shall be at liberty to proceed firrther in relation to utuJ t

¶164

inter-se pendtng disputes and Pending Proceedings as though the present d. F(tt

¶165

Settlement Agreement had not been entered into. =oz

¶166

4. MUTUALINDEMNIFICATION

¶167

Both panies shall indemnift the other and hold such party's parent organizations, subsidiaries, afEliates, predecessors, successors, and all curent and former officers, directors, employees, attomeys, miinbers, shareholders, agents, and contractors tJ) harmless from and agai:xt any and all claims, costs, damages, losses, liabilities and expenses (including attomeys' fees and costs) suffered, made, institrted, or asserted by =o

¶168

FoTAESSEAL INDIA PW. LTD. For AES Engineering Ltd tJK
An/t/ tZ
T\i{A--,^-:
Authorized Signatory Authorized Sigttatory
For Slandard MechanrcalSeals (lndia)Frt. Ltd
\SJ
V.
Fot Relrutity Enginacrlng ForREhElllIyENGTNEER]IG
hdbA([u &",i@
Aulhoriled Sigmtory
[oJ L1,,, {na p116h' PageTofll
Aulhorlzedstgn&Or (vENlc{IA

¶169

it, or by any third party, arising U".. t -, I9y related to the pending proceedings, including any action alleging defamation, libel, slander, inrerference or misappropriation in relation to the subject-matter of the pending proceedings.

¶170

5 REPPJSENTATIONS AND WARRANTIES :

¶171

The Parties hereby represent to each other that this Settlement Agreement constitutes a legal, valid and binding obligation enforceable againsr them in accordance with the terms hereof; and there are neither any contracts, agreements nor understandings with anyone restricting or preventing ir from performing its obligations as set fonh in thiso tll Settlement Agreement

¶172

COUNTERPARTS x.Fa,o This Settlement Agreement may be executed in any number of counterparts and by the ) Parties hereto in separate counterparts, each ofwhich when so executed shall be deemed 1o be an original and all of which taken together shall constitute one and the same agreement. zo IIo

¶173

6. COUNTERPARTS

¶174

7. GOI'ERNING LAW AND JURISDICTION:

¶175

In the event ofany dispute, difference, disagreement arising between the parties to this Settlement Agreement regarding interpretation, operations, enforcement or any other matter(s), the Parties agree that the same shall be refened to arbitration before a n'l s=' murually appointed Sole Arbitrator, to be conducted in accordance with the Arbitration .3 Et and Conciliation Act, 1996 (as amended). The seat of such arbitrarion shall be New ra - c- Delhi. A^zrE MISCELLANEOUSPROVISIONS: a> ?)z' :r ir)

¶176

8. MISCELLANEOUSPROVISIONS:

¶177

ir) .Y 8.1, The Parties hereto agree that this Settlement Agreement was negotiated fairly between them and that the final terms ofthis Settlement Agreement are the product E of the Parties' negotiation. Each Party represents and warants rhat it has sought a ,^ and received legal counsel of its own choosing with regard to the contents of this Settlement Agreement. The Parties hereto agree that this Settlement Agreemenr =o Ll-

¶178

.. FoTAESSF-AL INOIA pVT. LTD. For AES Engineering Ltd. UK

¶179

,t^/1/t1(

¶180

Authorized
nato[/ Authorized Signatory
Seals (lndia)Pvt. Lld
Fo Rrtirbilfi-Englrreing tndb h,t. fi-_.-
'ld+ll^\w,s[r For RarAB. iry A-Uqthorized SignalorY
&,nj t PageSofll
Authorized Signdory
P ol
(VENIGTA EEP

¶181

¶182

shall be deemed to have been jointly and equally drafted by them, and that no provisions ofthis Settlement Agrcement shall be construed against any Party on the gounds that such Parly drafted or was more responsible for drafting such provision.

¶183

8.2 Severability: If any covenant or provision hereof is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity ofany other covenanl or provision, each of which is hereby declared to be separate and distinct and enforceable independently. If ury provisiou is void but would be valid if some parr of it were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

¶184

)
t I
J
u.t
o
E

¶185

8.3. Amendment: Amendments to or modifications of this Settlement Ageement may be made only by agreement ofthe Pafties hereto in writing.

¶186

8.4 Binding on successors: This Settlement Agreement shall be binding upon the legal heirs/successors of the Parties.

¶187

8.5 No Waiver: The waiver of any breach under this Settlement Agreement shall not operate as a waiver by either Party of any subsequent breach by the other Pan .

¶188

8.6. Entire Agreement: This Settlement Agreement constitutes the entire agreement between the Parties with respect to the settlement of the disputes between the f Parties, and supersedes all prior qgreements and understanding of the Parties, oral and written, with respect to such subject matter.

¶189

<1, oa
o
L
ruaa Bo
on gg
6

¶190

9. ENFORCEABILITY:

¶191

I . This Settlement Agreement is being executed by the Parties with their free will and accord. This Settlement Agreement is binding on the Parties enforceable.

¶192

9.2 The Panies are executing Twelve (12) original copies ofthis Settlement and each Part shall retain one original copy.

¶193

IN WITNESS WHEREOF, the Panies hereto have executed this Settlemcnt Agreement on gg the day, month and year first mentioned above.

¶194

FoTAESSEAL [ND,A pW. LTD.
For AES Engineering Ltd' UK ryryY
Authorized
bry Authorized Signatory
tu-'r For Sbndard t\4echanicalseals (lndis) Pvt. Ltd.
N l.I
Fct
AJfs
Rc,bb,ty Engkreghg ladja &t. tht
For RBIABI!.jIy Auth orizod Signalory
9ofll
F*,\Lt*'rin !
ArJlhorized SignCo.y *Jt priclor
G)

¶195

10)
\0(

¶196

SIGNED AND DELIVERED SIGNED AND DELIVERED
FoTAESSEAL INDIA PVT' LTD' Fo, RELABT ,lTy
Authorized Signatory
sl
o
r AES Eng ineering Ltd. UK For M/s. SHRIKR rsHNA tN0usTBlEt
Signatory
\N(Proprietor
A.,r/""'1"i2
.--- - - Fgr Nus' F'rTEL iiiDu :;l::-"{
\S-.
\Nr e@* P prieto r
For Standard l,.lechanlcat Seals (lndia)pyt. Ltd
vr
v.r-B*l,B
\ Authorizod Signatory
For Reliability hrbfotLU l
Arfirhd
I
I
I

¶197

Page l0 of I I

¶198

Witness
H tR*L (<opTL
Aarllaer. - 4lz-r 3>1f e ?tr/ V,S,t\, U"rfiPadrl,
, SLDT qr\bt

¶199

Page 1l of I I

Yogesh Karia, Mumbai and Anr. v. Stn House Offr., R.R.Dist and 9 Others

Case brief

What is this about?

What did the court decide?

Yogesh Karia, Mumbai and Anr. v. Stn House Offr., R.R.Dist and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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