Pet Educational Industries PVT LTD vs. Arpit Kapur & Anr.
Facts
The appellant, PET Educational Industries Pvt Ltd, filed an appeal before the Delhi High Court against a decision concerning a dispute with the respondent, Arpit Kapur. The matter was listed for hearing, and the parties indicated a possibility of settlement. On the hearing date, both the appellant's counsel and authorized representative, and the respondent's counsel, confirmed their instructions to settle the matter. The settlement terms were then presented to the Court.
Held
The Court held that the appeal could be disposed of based on the agreed terms of settlement between the parties. The respondent, Arpit Kapur, would receive Rs. 3,80,000/- in full and final settlement of his claims, which includes Rs. 40,000/- as interest. The respondent is to issue an invoice for Rs. 3,75,000/- to the appellant company, Pet Educational Industries Pvt. Ltd. Considering an advance of Rs. 35,000/- already received by the respondent, the effective invoice value reduces to Rs. 3,40,000/-. The appellant is to pay Rs. 1,00,000/- as a down-payment by October 3, 2024, and the balance Rs. 2,80,000/- by November 18, 2024. Crucially, the respondent must ensure the appellant company receives credit for the GST paid on the transaction by making appropriate filings on the designated portal. Both parties are to file affidavits confirming adherence to the settlement terms.
Key Issues
1. Whether the dispute between the appellant and the respondent can be settled amicably on agreed terms? The appellant argued that the matter could be settled and sought to resolve the claims. The respondent, through his counsel, presented terms for a full and final settlement of his claims. No specific GST provisions were directly argued or debated as the core of the dispute, but the settlement involved the issuance of an invoice and the credit of GST paid.
Sections Cited
None explicitly discussed as legal provisions in dispute, but GST is mentioned in the context of settlement.
AI-generated summary — verify with the full judgment below
RFA(COMM) 387/2024 $~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Decision delivered on: 18.09.2024 + RFA(COMM) 387/2024 & CM No.54007/2024
PET EDUCATIONAL INDUSTRIES PVT LTD.....APPELLANT
Through: Mr Puneet Kumar, Adv.
versus
ARPIT KAPUR
.....RESPONDENTS Through: Mr Raghavendra Mohan Bajaj, Mrs Garima Bajaj, Mr Kanav Agarwal and Mr Sajal Awasthi, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
We had heard the learned counsel for the parties for some time on the previous date, i.e., 13.09.2023. Since we were informed that the matter could be settled, it was listed today.
Mr Puneet Kumar, learned counsel, who appears on behalf of the appellant, and Mr Amit Garg, who is the director and authorised representative of the appellant company, have joined the proceedings via video conferencing.
Mr Raghavendra Mohan Bajaj, learned counsel, who app
The judgment continues below.
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