Delhi High Court

DEEPAK RAHEJA & ORS v. STSATE (NCT OF DELHI) & ANR

Court: Delhi High Court
Case number: CRL.M.C./5294/2017
Date of judgment: 15 January 2025
Petitioner / Appellant: DEEPAK RAHEJA & ORS
Respondent: STSATE (NCT OF DELHI) & ANR
CNR: DLHC015283812017
Result: Decided

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CONT.CAS(C) 65/2024 & connected matters Page 1 of 15

$~4 to 12

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th January, 2025 + CONT.CAS(C) 65/2024 M/S LEO ISPAT LIMITED Through its Director Having its registered and Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi .....Petitioner Through: Ms. Kshirja Agarwal, Advocate.

versus

1. MR. DEEPAK RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Respondent No.1.

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Sushant Lok 1, Gurgaon. ....Respondent No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana ....Respondent No.3.

4. MR. ANUJ RAHEJA

Director

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 2 of 15

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana ....Respondent No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director Mr. Ashish Raheja

At:-

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana ....Respondent No.5.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

+ CRL.M.C. 5283/2017, CRL.M.A. 20730/2017

1. MR. DEEPAK RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.1.

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Sushant Lok 1, Gurgaon. .....Petitioner No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.3.

4. MR. ANUJ RAHEJA

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 3 of 15

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director

Mr. Ashish Raheja

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.5.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi.....Respondent No.2.

Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CRL.M.C. 5294/2017, CRL.M.A. 20768/2017 1. MR. DEEPAK RAHEJA Director M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.1.

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 4 of 15

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Sushant Lok 1, Gurgaon. .....Petitioner No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.3.

4. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director

Mr. Ashish Raheja

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.5.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 5 of 15

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi.....Respondent No.2 Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CRL.M.C. 5295/2017, CRL.M.A. 20770/2017 1. MR. DEEPAK RAHEJA Director M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.1.

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Sushant Lok 1, Gurgaon. .....Petitioner No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.3.

4. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director

Mr. Ashish Raheja

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 6 of 15

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.5.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi.....Respondent No.2.

Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CRL.M.C. 1072/2023, CRL.M.A. 4108/2023 1. CHHAYA RAHEJA W/o Late Deepak Raheja R/o 846, Sector-15, Part-II Gurgaon - 122022 AND ORS .....Petitioner No.1.

2. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.2.

3. Mr. Anuj Raheja

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 13:20:20 Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 7 of 15

Binola Industrial Zone,

Gurgaon, Haryana .....Petitioner No.3.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

Versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi ....Respondent No.2.

Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CRL.M.C. 1073/2023, CRL.M.A. 4111/2023 1. CHHAYA RAHEJA W/o Late Deepak Raheja R/o 846, Sector-15, Part-II Gurgaon - 122022 AND ORS .....Petitioner No.1.

2. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.2.

3. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 13:20:20 Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 8 of 15

Gurgaon, Haryana .....Petitioner No.3.

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

Versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi...Respondent No.2 Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CRL.M.C. 1074/2023, CRL.M.A. 4112/2023 1. CHHAYA RAHEJA W/o Late Deepak Raheja R/o 846, Sector-15, Part-II Gurgaon - 122022 AND ORS .....Petitioner No.1.

2. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.2.

3. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Petitioner No.3.

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 9 of 15

Through: Mr. Nikhil Kohli and Mr. Rahul

Sinha, Advocates.

Versus

1. STATE

NCT OF DELHI .....Respondent No.1.

2. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi .....Respondent No.2.

Through: Ms. Kshirja Agarwal, Advocate for R2.

+ CONT.CAS(C) 66/2024, CM APPL. 2651/2024

1. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi .....Petitioner No.1.

Through: Ms. Kshirja Agarwal, Advocate.

versus

1. MR. DEEPAK RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.1.

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 10 of 15

Sushant Lok 1, Gurgaon. .....Contemnor No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.3.

4. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director

Mr. Ashish Raheja

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.5.

Through: Mr. Nikhil Kohli and Mr.

Rahul Sinha, Advocates.

+ CONT.CAS(C) 72/2024

1. M/S LEO ISPAT LIMITED

Through its Director

Having its registered and

Corporate office at:

Y-126, Ground Floor

Loha Mandi, Naraina, New Delhi .....Petitioner Through: Ms. Kshirja Agarwal, Advocate.

versus

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 11 of 15

1. MR. DEEPAK RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.1.

2. MRS. CHHAYA RAJEHA,

W/o Deepak Raheja

R/o C-2 Block, House No. 81,

Sushant Lok 1, Gurgaon. .....Contemnor

No.2.

3. MR. ASHISH RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.3.

4. MR. ANUJ RAHEJA

Director

M/s ADI Automotives Pvt. Ltd.

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.4.

5. M/S ADI AUTOMOTIVES PVT. LTD.

Through its Director

Mr. Ashish Raheja

C/o 58-59 Km Milestone, Delhi Jaipur Highway Binola Industrial Zone, Gurgaon, Haryana .....Contemnor No.5.

Through: Mr. Nikhil Kohli and Mr. Rahul Sinha, Advocates.

CORAM:

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 12 of 15

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

1. The three Contempt Petitions being CONT.CAS(C) 65/2024, 66/2024 and 72/2024 under Section 11 and 12 of the Contempt of Courts Act, 1971 have been filed on behalf of the Petitioner, M/s. Leo Ispat Limited against the Contemnors for non-compliance of the Order dated 26.07.2023 regarding the settlement inter-se the parties.

2. CRL.M.C.5283/2017, 5294/2017, and 5295/2017, have been filed on behalf of the Respondents, Mrs. Chaya Raheja, Mr. Ashish Raheja, Mr. Anuj Raheja and Mr. Deepak Raheja for quashing of the summoning Order dated 02.02.2016 vide which they have been summoned in the Complaint Cases bearing C.C. No. 16776/2016, 16777/2016 and 16778/2016 under Section 138 N.I. Act.

3. CRL.M.C. 1072/2023, 1073/2023 & 1074/2023 have been filed on behalf of the Respondents, Mrs. Chaya Raheja, Mr. Ashish Raheja, Mr. Anuj Raheja and Mr. Deepak Raheja for quashing of the impugned Order dated 12.01.2023 vide which NBWs were issued against the Petitioners and also seeks quashing of Complaint Cases bearing C.C. No. 19334/2016, 16733/2016 and 19335/2016 un der Section 138 N.I. Act.

4. Learned counsel on behalf of the Petitioner submits the parties entered into a compromise in the sum of Rs.4.28 Crores, in terms of the Settlement Deed dated 28.10.2018. he Civil Suit for Recovery was decreed in terms of the Settlement dated 28.10.2018. The Post-da ted Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 13:20:20 Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 13 of 15

cheques (PDCs) were paid for the settled amount payable till March, 2019. However, while Rs.28,00,000/- have been paid at the tim e of Settlement, Rs.3.5 Crores were paid on 14.11.2019 i.e. after a delay of six months leaving a balance of Rs.50,00,000/-.

5. The Execution proceedings were initiated by the Respondent/Complainant in respect of the balance payment wherein the Petitioner herein undertook to pay Rs.50,00,000/- along with an interest of 15% i.e. Rs. 65,00,000 to be finally settled on 14.11.2019, which has eventually been paid in these proceedings on 06.02.2024.

6. The only issue which is now being agitated by the parties, is about the interest on the delayed payment as settled, in the Set tlement Agreement dated 28.10.2018, that Rs.50,00,000/- along with the interest of Rs.15,00,000/-, was agreed to be paid in the Execu tion Proceedings.

7. Learned counsel on behalf of the Respondents, submits that she has calculated the interest on the balance Rs.50,00,000/- @9% w hich comes to Rs.23,40,000/-. Rs.15,00,000/- already stands paid.

8. The Petitioner undertakes to pay a sum of Rs.7,00,000/- towards the full and final settlement to the Respondent, wi thin 60 days.

9. Learned counsel on behalf of the Respondents submits that the Complainant is also entitled to interest for 6 months peri od on Rs.3.5 Crores, which was paid after the delay of six months.

10. Submissions heard.

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 14 of 15

11. As detailed above, the Compromise inter-se the parties was in the sum of Rs.4.28 crores vide Settlement Deed dated 28.10.2018 which was payable through PDCs till March, 2019; Rs.28 lakhs got paid at the time of Settlement; Rs.3.5 crores got paid on 14.11.2 019 i.e. after a delay of six months leaving a balance of Rs.50 lakhs.

12. A sum of Rs.50 lakhs along with interest of Rs. 15,00,0 00/- also got paid on 06.02.2024. In the Order dated 06.02.2024, thi s court observed that only the component of interest payable on the del ayed payment of Rs. 50 lakhs remains to be considered.

13. It is on record that there was a shortfall of Rs.50 lakhs in payment of the agreed amount, which did not get paid in 20 19 as was finally settled on 14.11.2019. The Accused persons undertoo k to pay the amount of Rs.50,00,000/- along with interest of Rs. 15,00,000/- on 26.07.2023 within 4 months.

14. Finally, this amount of Rs.65 lakhs was paid on 06.02.2024, after which the only question which remained to be considered was the interest component on Rs.50 lakhs to be paid on account of delayed payment. According to the respondents interest @9% was calculated on Rs.50 Lacs which comes to Rs.23,40,000/- out of wh ich Rs.15,00,000/- already stands paid.

15. The Directors/Petitioners of the accused Company have agreed to pay a sum of Rs.7 lakhs towards full and final settlement. However, considering the calculation, the Petitioners are directed to pay Rs.

Rs.8,40,000/- aa interest component on delayed payment, within 6 0 Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 13:20:20 Signature Not Verified

CONT.CAS(C) 65/2024 & connected matters Page 15 of 15

days.

16. In so far as the interest on Rs.3.5 crores being paid after a delay of six months is concerned, the matter has been amicably settled between the parties and the entire proceedings need to be give n a closure.

17. No further amount is held to be payable to the Complainant beyond the aforesaid amount which the Petitioners have undertaken to pay.

18. Contempt Petitions being CONT.CAS(C) 65/2024, 66/2024 and 72/2024 are hereby, dismissed.

19. In view of the Compromise between the parties whereby the cheque amount has got settled, nothing more survives in the Complaint Cases bearing C.C. No. 16776/2016, 16777/2016 16778/2016, C.C. No. 19334/2016, 16733/2016 and 19335/201 6 under Section 138 N.I. Act. The Complaint cases under Section 138 N.I. Act and all the proceedings emanating therefrom are hereby, quashed.

(NEENA BANSAL KRISHNA)

JUDGE

JANUARY 15, 2025/RS

Digitally Signed

By:VIKAS ARORA

Signing Date:22.02.2025

13:20:20

Signature Not Verified