RAJA ARORA Vs. MS. MEERA ARUN

JUDGEMENT

(1.) This petition is filed for impugning the order dtd. 20/11/2021 passed by learned MM (NI Act)-02 (Central), Tis Hazari Courts, Delhi thereby dismissing an application filed by the petitioner under Sec. 431 Cr.P.C. read with Sec. 421 Cr.P.C. seeking enforcement of mediation settlement dtd. 19/2/2019.

(2.) The parties executed a settlement agreement on 19/2/2019 before the mediation centre in order to settle all their pending disputes in various fora and pursuant thereto specific statements of respondent no.1 and her husband were recorded by learned MM in terms of judgment passed in Dayawati vs. Yogesh Kumar Gosain (2017) 243 DLT 117. Late Shri A.A. Murugaiah, husband of respondent no.1 also gave personal guarantee for compliance/ payment as per the settlement agreement dtd. 19/2/2019. However, after paying few installments the respondent failed to fulfill their obligation and resultantly committed its breach. Subsequently, to enforce the abovementioned settlement agreement, the petitioner filed an application on 23/8/2021 under Sec. 431 Cr.P.C. read with Sec. 421 Cr.P.C. praying interalia for attachment of shares and properties of respondents i.e., ABC Hospital, Assured Best Care Hospital Private Limited, No.1, Annamalia Nagar Main Road. Near Karur Byepass Road, Trichy, in light of the guidelines given in Dayawati (supra). The said application dtd. 23/8/2021 was dismissed by the learned MM vide impugned order dtd. 20/11/2021.

(3.) It is submitted the learned MM erred in the impugned order a) by limiting her jurisdiction to only the proceedings pending before her prior to the execution of settlement dtd. 19/2/2019; and b)the learned MM erred in saying the application is premature.