Criminal Misc. No.22414-M of 2004 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.22414-M of 2004
Date of Order: 28.01.2009
G.N.Gauba and others
...Petitioners
Versus
Hindustan Sanitaryware and Industries Limited
..Respondent
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. K.S.Nalwa, Advocate
for the petitioners.
Mr. S.S.Kamboj, Advocate
for the respondent.
RAJIVE BHALLA, J (Oral).
This order shall dispose of Criminal Misc. No.22414-M of 2004
and Criminal Misc. No.47197-M of 2003, as they arise from a common
complaint dated 30.11.2002 and require adjudication of the same set of
facts.
Counsel for the petitioners submits that during the pendency of
the present petition, parties have effected a compromise duly reflected in
the written compromise dated 04.01.2008. In order to fortify his
submissions counsel for the petitioners has produced, in Court, a true copy
of the compromise, a letter dated 04.01.2008 written by the complainant
and an order dated 19.02.2008 passed by the High Court of Judicature of
Allahabad in Company Petition No. 115 of 1997 and Company Petitions
No.13 of 2002, 4 of 2005 and 8 of 2006, in Court today. It is submitted that
in view of the aforementioned documents, as parties have resolved their
differences, the complaint and the summoning order be quashed.
Counsel for the respondent does not deny the correctness of the
Criminal Misc. No.22414-M of 2004 -2-
aforementioned submissions and the contents of the documents and infact
acknowledges the compromise.
I have heard counsel for the parties, perused the contents of the
compromise dated 04.01.2008 and the documents, filed today in Court.
In view of what has been stated by counsel for the parties and
particularly in view of the the compromise and the letter dated 04.01.2008,
the submission made by counsel for the petitioners appears to be correct.
A perusal of the compromise discloses that parties have settled their
dispute. The letter dated 04.01.2008 discloses that the complainant has
received payment of all legal dues, claims, in full and final settlement and
agreed that it has no claim demand whatsoever in any kind/nature against
the petitioners and would instruct its lawyer to withdraw all pending cases.
In this view of the matter, the present petition is allowed, the
complaint dated 30.11.2002, the summoning orders dated 21.04.2003 and
all subsequent proceedings emanating thereform are quashed.
January 28, 2009 (RAJIVE BHALLA)
nt JUDGE
Criminal Misc. No.22414-M of 2004 -3-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.47197-M of 2003
Date of Order: 28.01.2009
Willard India Limited and others
…Petitioners
Versus
Hindustan Sanitaryware and Industries Limited
..Respondent
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. K.S.Nalwa, Advocate
for the petitioners.
Mr. S.S.Kamboj, Advocate
for the respondent.
RAJIVE BHALLA, J (Oral).
For order, see Criminal Misc. No.22414-M of 2004, titled as
G.N.Gauba and others v. Hindustan Sanitaryware and Industries
Limited, decided on 28.01.2009.
January 28, 2009 (RAJIVE BHALLA) nt JUDGE
