Delhi High Court quashed a summoning order against Sapan Diwan in a complaint by Joy Hotels. The court’s decision was based on a 2019 settlement deed that had already resolved the dispute over dishonoured cheques between the two parties.
The Delhi High Court on May 31 2024 had disposed an application in favour of petitioner Sapan Diwan who had sought the quashing of a summoning order and a complaint filed by a company called Joy Hotels & Resorts Pvt. Ltd.
Dispute Background and Initial Settlement
As per the order copy, the petitioner had stated that the complainant had approached the Petitioner and his associates for providing services for which a Memorandum of Understanding (‘MoU’) was executed and complainant was liable to pay charges for the services rendered by the Petitioner as per the terms in the MoU.
In order to pay the service charges, complainant had issued two separate cheques in favour of the Petitioner. It was stated that the cheques were dishonoured on presentation on account of insufficiency of funds and Petitioner filed a complaint case.
It was stated that the matter was finally settled and Settlement Deed dated January 25, 2019 was executed between the parties. Settlement was acted upon and in terms thereof, an application was filed by the complainant and Petitioner made a statement that the matter was settled and withdrew the complaint on January 29, 2019.
New Complaint Filed Despite Settlement
It was further stated that, despite the settlement, complainant chose to file the complaint and on receiving notice on December 12, 2021 the Petitioner joined the enquiry on December 7, 2021 and informed the officer that the matter had been settled. Petitioner was shocked to receive the summons in the year 2023, regarding the same transaction.
Court Quashes Summoning Order
The counsel for the respondents agreed that there was a settlement between the Petitioner and Respondent No.2 and Settlement Deed was executed on January 25, to this effect. The court order stated that the Respondent No.2 had no objection to quashing of the summoning order In view of the aforesaid stand of the complainant and Respondent No.2, and the settlement between the Petitioner and the complainant, duly borne out from various orders of the Courts and the Settlement Deed placed on record by the Petitioner, the petition was allowed and the summoning order dated March 31, 2024 was quashed qua the Petitioner. (ANI)
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