Lawstreet Journal

Accused Who Fails To Pay The Entire Amount Of Settlement Cannot Ask For Refund: Delhi HC [Read Order]

Lawstreet Journal 15 Oct 2019 3:50pm

Image courtesy: Lawstreet Journal Judiciary Accused Who Fails To Pay The Entire Amount Of Settlement Cannot Ask For Refund: Delhi HC [Read Order]

The Delhi High Court on September 23, 2019, in the case of Sainik Welfare Organization (India) v. State & Ors., has held that even if settlement fails and bail is cancelled, the accused is not entitled to receive the part payment of the settlement amount.

A single judge bench of Justice Vibhu Bakhru passed the ruling while hearing a petition filed by the petitioner impugning an order dated 05.11.2018 passed by the learned ASJ to the extent that it directed the petitioner to refund the money received from the accused in terms of the settlement arrived between the parties.

In this case, the petitioner had filed a complaint on the basis of which an FIR was registered under Sections 420/468/471/34 of the Indian Penal Code, 1860.

Following the FIR, the accused (respondent nos. 2 to 4) had filed applications seeking anticipatory bail in the said matter. During the course of the proceedings, the accused had expressed the desire to settle the disputes with the petitioner. Consequently, the parties were referred to the Mediation Centre, Tis Hazari Courts, Delhi. Before the Mediation Centre, the concerned parties arrived at a settlement and entered into a settlement agreement. In terms of the settlement, respondent nos. 2, 3 & 4 agreed to pay a sum of ₹4,50,00,000/- to the petitioner in settlement of its claims.

Although, part payments were made by respondent nos. 3 and 4, the respondents failed to pay the entire amount as agreed. This led… Continue Reading...


Tagged: Delhi High Court  
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