ANIL PRODUCTS LTD. AHMEDABAD vs GHANSHSYAMDAS JWALAPRASAD AGARWAL - 2024-01-10

O R D E R

1. At the time of entertaining this matter, notice was issue d limited to the possibility of a settlement, thereafter, leav e was granted. When this matter is taken up for hearing today , it is agreed between the appellants, on the one hand, an d respondents, on the other, that all the pending proceeding s ought to be closed, subject to the condition that th e appellants shall pay a sum of Rs.6,00,000/- (Rupees Si x Lakhs), in addition to the amount pending on the file of thi s Court, which is to be deposited by the appellants i n compliance with the conditional order passed for a sum o f Rs.16,06,568/- (Rupees Sixteen Lakhs Six Thousand Five Hundre d Sixty Eight Only) .

2. It is further agreed that the respondent No.1 is permitted t o withdraw the said amount lying on the file of this Court .

3. Additionally, the appellants would pay a sum of Rs.6,00,000/ - (Rupees Six Lakhs) within a period of four weeks by way o f bank transfer into the account of the respondents which th e learned counsel appearing for them has agreed to furnish eve n today to the learned counsel appearing for the respondents .

4. In view of the agreed terms, we are of view that the appea l necessarily has to be disposed of as there is no need to g o into the merits .

5. Incidentally, as agreed, proceedings arising out of FI R No.135/2004, Chargesheet No.42/2011 dated 02.06.2011 stand s closed and the following pending civil and crimina l proceedings shall also stand closed: - I. Spl. C.S. No.304/2002, pending on the file o f Civil Judge, Sr. Div. Jalgaon ;

II. Summary Suit No.5/06, pending on the file of Civi l Judge, Sr. Div. Jalgaon ;

III. Summary Suit No.4/2006, pending on the file o f Civil Judge, Jalgaon ;

IV. Summary Suit No.6/06, pending on the file of Civi l Judge, Sr. Div. Jalgaon ;

V. RC No.68/2003, pending on the file of CJM , Jalgaon ;

VI. RC No.69/2003, pending on the file of CJM ;

VII. RC No.315/2003, pending on the file of CJM ;

VIII. Crl. Complaint No.534/2010, pending on the fil e of CJM, Jalgao n

6. In the event of the said FIR is kept pending without an y further progress, the same also has to be closed .

7. The appeal stands disposed of accordingly .

8. Pending application(s), if any, shall stand disposed of .

……………………………………………………J .

[M.M. SUNDRESH ]

……………………………………………………J .

[S.V.N. BHATTI ]

NEW DELHI ;

10th JANUARY, 202 4 IN THE SUPREME COURT OF INDI A CRIMINAL APPELLATE JURISDICTIO N CRIMINAL APPEAL NO.3032 OF 202 3 ANIL PRODUCTS LTD. AHMEDABAD & ORS. APPELLANT(S )

VERSU S GHANSHYAMDAS JWALAPRASAD AGARWAL & ANR. RESPONDENT(S )

O R D E R

1. At the time of entertaining this matter, notice was issue d limited to the possibility of a settlement, thereafter, leav e was granted. When this matter is taken up for hearing today , it is agreed between the appellants, on the one hand, an d respondents, on the other, that all the pending proceeding s ought to be closed, subject to the condition that th e appellants shall pay a sum of Rs.6,00,000/- (Rupees Si x Lakhs), in addition to the amount pending on the file of thi s Court, which is to be deposited by the appellants i n compliance with the conditional order passed for a sum o f Rs.16,06,568/- (Rupees Sixteen Lakhs Six Thousand Five Hundre d Sixty Eight Only) .

2. It is further agreed that the respondents are permitted t o withdraw the said amount lying on the file of this Court .

3. Additionally, the appellants would pay a sum of Rs.6,00,000/ - (Rupees Six Lakhs) within a period of four weeks by way o f bank transfer into the account of the respondents which th e learned counsel appearing for them has agreed to furnish eve n today to the learned counsel appearing for the respondents .

4. In view of the agreed terms, we are of view that the appea l necessarily has to be disposed of as there is no need to g o into the merits .

5. Incidentally, as agreed, proceedings arising out of FI R No.135/2004, Chargesheet No.42/2011 dated 02.06.2011 stand s closed and the following pending civil and crimina l proceedings shall also stand closed: - 1. Spl. C.S. No.304/2002, pending on the file of Civil Judge , Sr. Div. Jalgaon ;

2. Summary Suit No.5/06, pending on the file of Civil Judge , Sr. Div. Jalgaon ;

3. Summary Suit No.4/2006, pending on the file of Civil Judge , Jalgaon ;

4. Summary Suit No.6/06, pending on the file of Civil Judge , Sr. Div. Jalgaon ;

5. RC No.68/2003, pending on the file of CJM, Jalgaon ;

6. RC No.69/2003, pending on the file of CJM ;

7. RC No.315/2003, pending on the file of CJM ;

8. Crl. Complaint No.534/2010, pending on the file of CJM , Jalgao n

6. In the event of the said FIR is kept pending without an y further progress, the same also has to be closed .

7. The appeal stands disposed of accordingly .

8. Pending application(s), if any, shall stand disposed of .

……………………………………………………J .

[M.M. SUNDRESH ]

……………………………………………………J .

[S.V.N. BHATTI ]

NEW DELHI ;

10th JANUARY, 202 4 R E V I S E D ITEM NO.106 COURT NO.14 SECTION II- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Criminal Appeal No(s). 3032/202 3 ANIL PRODUCTS LTD. AHMEDABAD & ORS. Appellant(s )

VERSU S GHANSHYAMDAS JWALAPRASAD AGARWAL & ANR. Respondent(s )

(IA No. 8729/2015 - PERMISSION TO FILE ANNEXURES )

Date : 10-01-2024 This petition was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRES H HON'BLE MR. JUSTICE S.V.N. BHATT I For Appellant(s) Mr. Huzefa A. Ahmadi, Sr. Adv .

Mr. Pradhuman Gohil, Adv .

Mrs. Taruna Singh Gohil, Adv .

Mr. Vikash Singh, AO R Ms. Ranu Purohit, Adv .

Mr. Alapati Sahithya Krishna, Adv .

Mr. Rushabh N. Kapadia, Adv .

Mr. Mohit Prasad, Adv .

For Respondent(s) Mr. Shirish K. Deshpande, AO R Ms. Rucha Pravin Mandlik, Adv .

Ms. Harsimran Kaur Rai, Adv .

Mr. Mohit Gautam, Adv .

Mr. Apoorv Sharma, Adv .

Mr. Yatin M.jagtap, Adv .

Mr. Aaditya Aniruddha Pande, AO R Mr. Siddharth Dharmadhikari, Adv .

Mr. Bharat Bagla, Adv . Mr. Sourav Singh, Adv .

Mr. Aditya Krishna, Adv .

Ms. Raavi Sharma, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

The appeal is disposed of in terms of the signed order . Pending application(s), if any, also stand disposed of .

(SWETA BALODI) (POONAM VAID )

COURT MASTER (SH) COURT MASTER (NSH )

(Corrected signed order is placed on the file )

ITEM NO.106 COURT NO.14 SECTION II- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Criminal Appeal No(s). 3032/202 3 ANIL PRODUCTS LTD. AHMEDABAD & ORS. Appellant(s )

VERSU S GHANSHYAMDAS JWALAPRASAD AGARWAL & ANR. Respondent(s )

(IA No. 8729/2015 - PERMISSION TO FILE ANNEXURES )

Date : 10-01-2024 This petition was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRES H HON'BLE MR. JUSTICE S.V.N. BHATT I For Appellant(s) Mr. Huzefa A. Ahmadi, Sr. Adv .

Mr. Pradhuman Gohil, Adv .

Mrs. Taruna Singh Gohil, Adv .

Mr. Vikash Singh, AO R Ms. Ranu Purohit, Adv .

Mr. Alapati Sahithya Krishna, Adv .

Mr. Rushabh N. Kapadia, Adv .

Mr. Mohit Prasad, Adv .

For Respondent(s) Mr. Shirish K. Deshpande, AO R Ms. Rucha Pravin Mandlik, Adv .

Ms. Harsimran Kaur Rai, Adv .

Mr. Mohit Gautam, Adv .

Mr. Apoorv Sharma, Adv .

Mr. Yatin M.jagtap, Adv .

Mr. Aaditya Aniruddha Pande, AO R Mr. Siddharth Dharmadhikari, Adv .

Mr. Bharat Bagla, Adv . Mr. Sourav Singh, Adv .

Mr. Aditya Krishna, Adv .

Ms. Raavi Sharma, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

The appeal is disposed of in terms of the signed order . Pending application(s), if any, also stand disposed of .

(SWETA BALODI) (POONAM VAID )

COURT MASTER (SH) COURT MASTER (NSH )

(Signed order is placed on the file )