✦ High Court of India · 29 Apr 2025

Mr. Jawahar Raja, Ms. Aditi Sarawat and Ms. Sujal Gupta, Advs v. RADEXPO AG

Case Details High Court of India · 29 Apr 2025

Court

High Court of India

Decided

29 Apr 2025

Bench

RAJIV SHAKDHER RAJIY SHAKDHER

Length

1,104 words

Acts & Sections

It is made clear that violation of the terms of the settlement and undertaking given by the Appellant would attract proceedings to be initiated under the Contempt of Courts Act 1971

CO.APP. 6/2024 Page 1 of 5 $~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CO.APP. 6/2024 & CM APPL. 15807/2024, CM APPL. 15808/2024 CM APPL. 15809/2024, CM APPL. 19145/2025 AMIT JAIN .....Appellant Through: Mr. Jawahar Raja, Ms. Aditi Sarawat and Ms. Sujal Gupta, Advs. versus RADEXPO AG .....Respondent Through: Mr. Abhishek Kumar Rao and Mr. Shailesh Suman, Advs. CORAM:HON'BLE MR. JUSTICE SUBRAMONIUM PRASADHON’BLE MR. JUSTICE HARISH VAIDYANATHANSHANKARO R D E R% 29.04.20251.This Court vide Order dated 02.04.2025 had referred the parties to mediation and requested Hon’ble Mr. Justice (Retd.) Rajiv Shakdher to mediate upon the disputes between the parties. 2.The disputes between the parties stand resolved and a report in this regard dated 27.04.2025 has also been received from the Mediator - Hon’ble Mr. Justice (Retd.) Rajiv Shakdher which reads as under: “REPORT DATED APRIL 27, 2025, RENDERED BY JUSTICE RAJIV SHAKDHER, MEDIATOR APPOINTED BY THIS HON’BLE COURT For the Appellant: Mr. Jawahar Raja, Ms. Aditi Saraswat, Advocates, along with Mr. Amit Jain (Appellant) and Mrs. Kusum Jain. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:06:40 CO.APP. 6/2024 Page 2 of 5 For the Respondent: Mr. Abhishek Kumar Rao, Advocate. 1. The matter was assigned to me by the Hon’ble High Court of Delhi via order dated 02.04.2025 to mediate the dispute between the Appellant, Mr. Amit Jain, and the Respondent, Radexpo AG. 2. As per the mandate given, I had a meeting with the counsel for the parties on 22.04.2025. 3. Parties have arrived at a settlement, the terms of which are set forth in Minutes of the Meeting held on 22.04.2025 annexed hereto as “Annexure-A. 4. I am filing my report in the matter to enable the Hon’ble Court to pass appropriate order(s)/directions in the matter.”3.The settlement arrived at between the parties have been set forth in the Minutes of Meeting dated 22.04.2025 which reads as under: “BEFORE HON'BLE MR. JUSTICE RAJIY SHAKDHER, FORMER CHIEF JUSTICE, HIMACHAL PRADESH HIGH COURT MEDIATOR(Appointed in terms of Order dated 02.04.2025, passed by the Hon'ble High Court of Delhi at New Delhi in CO. APP. 6/2024] CO. APP. 6/2024Between:- Amit Jain ...Appellant This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:06:40 CO.APP. 6/2024 Page 3 of 5 AND Radexpo AG ...Respondent Venue: C-2, Nizamuddin East, New Delhi- 110013. Present: For the Appellant: Mr. Jawahar Raja, Ms. Aditi Saraswat, Advocates, along with Mr. Amit Jain (Appellant) and Mrs. Kusum Jain. For the Respondent: Mr. Abhishek Kumar Rao, Advocate. Minutes of the Meeting held on 22.04.2025 at 18:00 hours 1. Parties and their respective counsel, Mr. Jawahar Raja, learned counsel, who appears on behalf of the Appellant, and Mr. Abhishek Kumar Rao, learned counsel, who appears on behalf of the Respondent, have appeared before me, pursuant to the order of the Hon'ble Division Bench dated 02.04.2025 passed in CO. APP. 6/2024, titled Amit Jain v. Radexpo AG. 2. Fortunately, parties have reached an agreement concerning their outstanding disputes, as articulated in the order dated 02.04.2025. 3. The following terms have been mutually agreed by the representatives of the parties before me: i) The Appellant will pay the outstanding liability of SFR 75,657.50/-. ii) The aforementioned amount will be deposited with This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:06:40 CO.APP. 6/2024 Page 4 of 5 the Registry of the Hon'ble High Court of Delhi on or before 13.05.2025. iii) Parties will approach the Hon'ble High Court for issuance of appropriate directions for remitting the amount of SFR 75657.50/-. iv) The Appellant will file an undertaking in the form of an affidavit with the Hon’ble High Court, which will, inter alia, state that he will comply with the terms of settlement indicated above, on or before 25.04.2025. v) In case the Appellant breaches the terms of the settlement, he would pay to the Respondent the total amount, in terms of the order dated 04.01.2024 read with the order dated 19.01.2024 passed by the learned Single Judge, in Co. Pet. No. 182/1999. vi) If the Appellant complies with the terms of the settlement, the Respondent will have no claim whatsoever against the Appellant or the company Jayna Time Industries Limited vis-a-vis the transaction which is subject matter of Co. Pet. No. 182/1999 [hereafter referred to as the "subject transaction"]. vii) The fulfilment of the settlement will constitute a full and final settlement of all disputes between the parties concerning the subject transaction.”4.An affidavit has also been filed by the Appellant giving an undertaking that the Appellant shall abide by the terms of the settlement. 5.As and when the amount is deposited by the Appellant in Court, the Registry is directed to deposit the amount directly in the Bank Account of the Respondent. The Bank Account details of the Respondent are as under: “Bank Name: UBS SWITZERLAND AG POB, CH – 9001 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:06:40 CO.APP. 6/2024 Page 5 of 5 ST - GALLEN Account Holder: RADEXPO AG, ROTHHUSSTRASSEE 4A, CH – 9053 TEUFEN A/C No.254-L0240375.0 International Bank Account No: CH95 0025 4254 L024 03750 BIC: UBSWCHZH8OA” 6.This Court records its appreciation for the efforts taken by the Mediator - Hon’ble Mr. Justice (Retd.) Rajiv Shakdher to mediate upon the disputes between the parties. 7.In view of the above, the appeal is disposed of in terms of the settlement arrived at between the parties. Pending applications, if any, stand disposed of. 8.The parties shall be bound by the terms of the settlement. It is made clear that violation of the terms of the settlement and undertaking given by the Appellant would attract proceedings to be initiated under the Contempt of Courts Act, 1971. SUBRAMONIUM PRASAD, JHARISH VAIDYANATHAN SHANKAR, JAPRIL 29, 2025S. Zakir

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