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Orris Infrastructure Private Limited and Godrej Properties Limited have reached a settlement in relation to their dispute concerning the jointly developed Godrej Air project in Gurugram, according to information made public following a recent order of the Bombay High Court.
The Bombay High Court had quashed an FIR registered against Orris Infrastructure and another petitioner after recording that the parties had resolved their disputes and entered into a settlement agreement. Justice Milind N Jadhav, in an order passed recently, quashed the FIR registered at Vikhroli Police Station, Mumbai, along with the consequential proceedings arising from it. The High Court also directed that the Look Out Circulars issued against the petitioners be quashed following the quashing of the FIR and criminal proceedings. The High Court order records that the parties had informed the Court that their disputes had been reconciled and that the settlement agreement between them had been finalised. The original complainant had also expressed no objection to the quashing of the FIR and the consequential proceedings. Earlier, on August 25, the High Court had directed the immediate and unconditional release of Amit Gupta of Orris Infrastructure, who was in custody at the relevant time. The Court had quashed his remand in view of the settlement negotiations between the parties. On August 27, the Court recorded that the parties had signed the settlement agreement and resolved their disputes. The matter was thereafter adjourned to enable completion of the remaining formalities before the final order was passed. While allowing the petition, the High Court also made observations on cases in which criminal proceedings are subsequently sought to be quashed after private settlements. The Court observed that criminal law should not be used as a bargaining tool for private settlements, particularly after public resources and judicial time have been spent on the investigation and court proceedings. It noted that once criminal proceedings are initiated, the police machinery and courts devote time and resources to the matter. The Court said this aspect could be considered while dealing with requests for quashing proceedings based on settlements between parties. The High Court also referred to instances where criminal complaints may be used in commercial or matrimonial disputes to put pressure on the other side for a settlement. However, it clarified that the facts and circumstances of each case would have to be considered individually and that costs should not be imposed mechanically. In the present case, the petitioners and the original complainant agreed to make voluntary charitable contributions of Rs 1 lakh each. The HC directed that the total contribution of Rs 2 lakh be made to the identified charitable organisations within one week. The matter has been listed on September 24 for compliance with the directions regarding the charitable contributions. According to the statement released by Orris Infrastructure, the settlement relates to its dispute with Godrej Properties concerning the Godrej Air project in Gurugram. The company said it viewed the settlement as an amicable resolution of the matter. The High Court order itself records the settlement between the petitioners and the original complainant and the consequent quashing of the FIR. Details regarding the Godrej Air project and the underlying commercial dispute have been stated separately by Orris Infrastructure in its public communication. (ANI)
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