- (1.) Leave granted.
(2.) Heard Mr. Ranveer Singh, learned counsel for the appellant and Mr. Jayant Bhushan, learned senior counsel for the respondent No.2. Learned counsel for the parties have submitted that they have arrived at a settlement. The memorandum of settlement reads as follows:- This memorandum of Understanding is made and executed at New Delhi on this 16th day of January, 2018, by and between. M/s. Grand Venezia Commercial Towers Ltd. a company incorporated under the Compaines Act, 1956 having its registered office at 28 Raja Garden, New Delhi through its Authorized representative Mr. Aman Bhalla hereinafter referred to as "FIRST PARTY" (which expression shall unless repugnant to the subject or context or meaning thereof be deemed to include its respective executors, administrator, legal representatives and permitted assignees). A copy of the board of resolution authorising it authorized representative to execute the present MoU is annexed herewith as Annexure A. And Ms. Queency Bhasin w/o Satinder Singh Bhasin aged about 40 years r/o D-24, Rajouri Garden, New Delhi, hereinafter referred collectively to as the Second Party And M/s. C.D. Impex through its Partner Mr. Anuj Aggarwal, 15, G.T. Road, Chaudhary More, Ghaziabad, Uttar Pradesh, hereinafter referred to as the Third Party, which expression unless repugnant to the context hereof shall mean and include his legal heirs, successors, nominee(s) and assigns, etc. WHEREAS the First Party is in the business of real estate and the Third Party have invested a sum of Rs. 5 crores in the year 2013 in the First Party and Rs. 2 c rore in M/s. Dhoomketu Builders and Developers Pvt. Ltd. Whereas an account of certain differences the Third Party has filed 138 Negotiable Instrument Act case against M/s. Dhoomketu Builders and Developers Pvt. Ltd. and its officials and against the First Party, bearing Complaint Case No.4260 of 2016 pending in the Court of Addl. Chief Judicial Magistrate-IV, Ghaziabad. Whereas the aforesaid complaint is pending challenge in criminal Special Leave Petition bearing No.9527/2016 before the Hon'ble Supreme Court of India. Whereas on account of intervention of the Hon'ble Court and parties, the parties to the instatnt MoU have resolved their disputes amicably amongst themselves. Whereas the parties have mutually decided on the terms and conditions detailed hereinafter. Now These Presents Witnesseth And The Parties Hereby Agree As Follows: 1. That the first party has agreed to pay a total amount of Rs. 12 crore to Third Party for its liability and liability of M/s. Dhoomketu Builders and Developers Pvt. Ltd. and liability of Queency Bhasin. 2. That out of the above amount of Rs. 12 crore, the following amounts are already paid to Third Party and the Third Party confirms having received this amount in full and final as per details hereunder:- JUDGEMENT_133_LAWS(SC)1_2018_1.html Paid through Hon'ble Supreme Court JUDGEMENT_133_LAWS(SC)1_2018_2.html
(3.) That the First Party has agreed to pay the balance sum of Rs. 8.10 crore to the Third Party against its payment in full and final settlement as per payment plan hereunder:- JUDGEMENT_133_LAWS(SC)1_2018_3.html;