Calcutta High CourtAmrapali Barter Pvt. Ltd vs Elder Pharmaceuticals on 1 September, 2014Author:Soumen SenBench:Soumen SenGA No. 2780 of 2014
                                    WITH
                               CS 161 of 2014
                      IN THE HIGH COURT AT CALCUTTA
                               ORIGINAL SIDE

                         AMRAPALI BARTER PVT. LTD.
                                  VERSUS
                          ELDER PHARMACEUTICALS


   BEFORE:
   The Hon'ble JUSTICE SOUMEN SENDate : 1ST SEPTEMBER, 2014.Mr. Abhrajit Mitra,Sr. Advocate appears.Mr. Jishnu Chowdhury,Advocate appears.Mr. Arindam Mukherjee,Advocate appears.Mr. Deepak Jain,Advocate appears.The Court : - The claim in the suit is arising out of dishonour of cheques

issued towards the repayment of the inter corporate deposit of Rs. 1 crore. It

appears that pursuant to the order passed by the Hon'ble Division Bench a sum

of Rs. 90 lakhs have been deposited with the Registrar, High Court, O.S. on 25th

June,2014 by two separate demand drafts. Subsequent thereto, the defendnat

issued a letter dated 21st July,2014 giving a proposal that the plaintiff can

withdraw a sum of Rs. 86,73,096/- out of Rs. 90 lakhs and the balance amiount

would be received by the defendant. This letter was issued "without prejudice".

The plaintiff filed an application for judgment upon admission. The said

application is based on the letter dated 21st July,2014. During the hearing the2parties have agreed that the matter may be settled. The plaintiff would receive a

sum of Rs. 87.50 lakhs from the corpus lying with the Registrar, High Court, O.S.

and the balance amount shall be made over to the defendant. On an application

being filed before the appropriate Criminal Court for withdrawal of complaint

case being Complaint Case No. 15317 of 2014 and return of the dishonour of

cheques within a week from date and on production of such documents before

the Registrar, High Court, O.S., the Registrar, High Court, O.S. shall prematurely

encash the fixed deposit and pay a sum of Rs. 87.50 lakhs to the plaintiff and the

balance amount shall be paid to the defendant after         deduction of all costs,

charges and expenses. The plaintiff shall also file an undertaking that they

should not proceed with the pending criminal matters and along with the

undertaking they must also enclose the application the plaintiff would be

required to file in terms of this order before the 14th Metropolitan Magistrate. It

was only on furnishing such an undertaking that the plaintiff shall be permitted

to withdraw the aforesaid sum.This application, accordingly, stands disposed of.

      There shall be no order as to costs.The plaintiff shall receive the said amount of Rs. 87.50 lakhs as full and

final settlement of their claim in the suit.In view of the aforesaid, the suit is also decreed.

      By consent of the parties, a decree is passed for a sum of Rs. 87.50 lakhs

in favour of the plaintiff.3The department is directed to draw up the decree as expeditiously as

possible.By consent of the parties, the suit along with GA No. 1536 of 2014 are

treated on the day's list and disposed of along with this application.All parties and the Registrar, High Court, O.S. are to act on certified

website copies of this order on the usual undertakings.(SOUMEN SEN,J.)




S.Chandra