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2025 Supreme(GUJ) 264
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1331 of 2018 With CRIMINAL MISC.APPLICATION (RECALL) NO. 1 of 2022 In R/CRIMINAL APPEAL NO. 1331 of 2018 With R/CRIMINAL APPEAL NO. 1406 of 2018 With CRIMINAL MISC.APPLICATION (RECALL) NO. 1 of 2022 In R/CRIMINAL APPEAL NO. 1406 of 2018 ==========================================================
SONAL PAPERS AGENCY PVT LTD.
Versus CHITRA CORPORATION THROUGH PROPRIETOR MEHLU KALARTHI &
ANR.
==========================================================
Appearance:
POOJA H BHARDWAJ(7844) for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1 MS. DHWANI TRIPATHI, APP for the Opponent(s)/Respondent(s) No. 2 ==========================================================
CORAM: HONOURABLE MS. JUSTICE S.V. PINTO Date : 18/03/2025
Successful mediation allows parties to withdraw appeals and settle disputes amicably, with the court facilitating the disbursement of agreed amounts.
Headnote:(A) Mediation - Successful mediation between parties leading to a settlement amount of Rs.18,00,000/- to be deposited in court - Respondent No. 1 has complied with the payment terms, with Rs.1,00,000/- paid and Rs.17,00,000/- deposited in court - Affidavit confirming payment to applicant produced. (Paras 2, 3, 5)
(B) Withdrawal of Appeals - Permission granted to withdraw both appeals as the matters are settled between the parties. (Paras 5, 6)
Facts of the case:
The parties reached a successful mediation resulting in a settlement amount of Rs.18,00,000/-, with the respondent No. 1 depositing the required amount in court. The applicant seeks permission to withdraw the appeals following the settlement.
Findings of Court:
The court grants permission to withdraw the appeals and directs the registry to pay the settled amount to the applicant after verification.
Issues: The main issue was whether the appeals could be withdrawn following the successful mediation and settlement between the parties.
Ratio Decidendi: The court held that upon successful mediation and agreement between the parties, the appeals could be withdrawn, and the settlement amount should be disbursed accordingly.
Result: Both the appeals stand disposed of as withdrawn.
ORDER :
(S.V. PINTO, J.)
Heard learned advocate Mr. Varsha K. Brahmbhatt for Ms. Pooja Bhardwaj appearing for the appellant, learned advocate Mr. K.R. Brahmbhatt for the respondent No.1 and learned APP Ms. Dhwani Tripathi for the respondent No.2.
2. Both the advocates jointly submit that the matters were referred for mediation to the Gujarat High Court Mediation Centre and the mediation was successful between the parties and it was decided that the respondent No. 1 deposits an amount of Rs.18,00,000/- before the Registry of this Court. The respondent No. 1 has paid Rs.1,00,000/- by NEFT and the remaining amount of Rs.17,00,000/- has been deposited in the Registry of this Court. Learned advocates further submit that an amount of Rs.17,00,000/- has to be paid to the applicant Sonal Papers Agency Private Limited through Director Dhaval Narendrabhai Joshi and the respondent No. 1 has no objection to the same and the affidavit to that effect has already produced on record.
3. The respondent No. 1 has also produced the copies of the receipts by which the amount of Rs.17,00,000/- have been deposited before this Court, which are as follows.
| Sr. No. | Amount | Date | C.No. | From |
| 1 | Rs.1,00,000/- | 30.01.2024 | 964/2023-2024 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 2 | Rs.1,00,000/- | 08.02.2024 | 988/2023-2024 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 3 | Rs.2,00,000/- | 29.02.2024 | 1040/2023-2024 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 4 | Rs.2,00,000/- | 28.03.2024 | 1125/2023-2024 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 5 | Rs.2,00,000/- | 02.05.2024 | 80/2024-2025 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 6 | Rs.2,00,000/- | 25.07.2024 | 372/2024-2025 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 7 | Rs.2,00,000/- | 25.09.2024 | 598/2024-2025 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
| 8 | Rs.2,00,000/- | 26.11.2024 | 786/2024-2025 | Chitra Corporation Thrugh Proprietor Mehul Kalarthi |
4. Further, as per the note of this Registry the amount of Rs.3,00,000/- which was the last installment which has been received on 28.02.2025.
5. In view of the same, as the matters are settled between the parties, learned advocate Ms. Brahmbhatt for the applicant seeks permission to withdraw both the appeals.
6. Permission as prayed for is granted. Both the appeals stand disposed of as withdrawn and the connected applications are disposed of accordingly.
7. Registry to directed to pay the amount of aforementioned Rs.17,00,000/- deposited (through NEFT and in cash or before this Court) to the applicant - Sonal Papers Agency Private Limited through Director Dhaval Narendrabhai Joshi, after due and proper verification.
8. Registry is directed to place a copy of the order in connected appeal being Criminal Appeal No. 1406 of 2018.
