IN THE HIGH COURT OF DELHI Company Petition No.69/2007 & Co.A. No.331/2007 Date of decision: 13th February, 2009 M/s Kapur Enterprises ... Petitioner through: Mr. Anil K. Kher, Sr. Adv. with Mr. Rakesh Bhardwaj, VERSUS M/s H.P. Knitting & Finishing Mills Pvt. Ltd. .... Respondent through: Mr. Nishit Kush, Adv. with Mr. Sanjeev K. Ballyan, Adv. for the Respondent. CORAM: HON'BLE MS. JUSTICE GITA MITTAL. 1.Whether reporters of local papers may be allowed to see the Judgment? 2.To be referred to the Reporter or not? 3.Whether the judgment should be reported in the Digest? + Co.P. No.69/2007 & Co.A. No.331/2007 * 1. Learned counsel for the parties submit that Mr. Sushil Kapur, the sole partner of the petitioner and Mr.Yogesh Kumar, the managing director of the respondent, who are duly authorised on behalf of the parties, are present. It is submitted that the parties have arrived at a settlement which has been reduced to writing by way of compromise agreement dated 11th February, 2009. The same has been filed in court. Contd.....P/2 - 2 - 2. It is stated by learned counsel for the parties that the compromise in writing bears the signatures of both the authorised representatives on all pages and is duly witnessed by its counsels. The settlement is in writing and appears to be voluntary, there is no legal impediment in taking the same on record. 3. In terms of the settlement, the respondent has agreed to pay a total amount of Rs.7,00,000/- in full and final satisfaction of all claims of the petitioner against the respondent. 4. It is stated that in view of the settlement, the respondent in any case will not pursue the complaint lodged by him. In terms of the settlement, learned counsel for the respondent has handed over an amount of Rs.25,000/- in cash; twenty three post dated cheques of Rs.25,000/- each starting from 25th March, 2009 to 25th January, 2011 being cheque nos.014841 to 014863; six post cheques of Rs.15,000/- each starting from 25th February, 2011 to 25th July, 2011 and one post cheque of Rs.10,000/- dated 25th August, 2011, which are mentioned in para 2 of the settlement. 5. Learned counsel for the respondent has given an assurance and undertaking to this court that the cheques shall be honoured on presentation, which is hereby accepted. Contd.....P/3 - 3 - 6. On receipt of the amount of settlement of Rs.7,00,000/-, the petitioner has agreed to withdraw the winding up petition as well as the criminal complaint filed under Section 138 of the Negotiable Instrument Act read with Sections 468, 471 & 420 of the Indian Penal Code. It has also been agreed and undertaken by the petitioner and the respondent to take steps for quashing of the FIR No.330/2007 registered by the police station Lahori Gate at the instance of the petitioner and FIR No.244/2008 registered by the police station Sarai Rohilla at the instance of the respondent. The parties shall not prosecute the cases arising out of these FIRs. 7. The parties shall remain bound by the undertakings which are accepted and the terms of the settlement. 8. In view of the settlement arrived at between the parties, a prayer is made on behalf of the petitioner for leave to withdraw this petition and application. The petition and application are, accordingly, dismissed as withdrawn. February 13, 2009 GITA MITTAL, J aa