Samsung INDIA Electronics Private Limited vs. Blueflux Digital Private Limited

O.M.P. (T) (COMM.)/56/2020HC DelhiGSTCNR DLHC01025757202018 January 2021Bench: HON'BLE MR. JUSTICE C.HARI SHANKAR7 pages
For Petitioner: Mr. Tarang Agarwal, AdvFor Respondent: Mr. Rahul Kumar, Adv
AI SummaryRemanded

Held

The Court held that the disputes between the Petitioner and Respondent had been amicably settled, as evidenced by the joint application and the terms of the settlement agreement placed on record. Consequently, the present petition did not survive for consideration or adjudication and was disposed of in terms of the settlement. The Court further held that in view of the settlement, the orders passed in the arbitral proceedings did not survive and were accordingly set aside. The parties were directed to remain bound by the terms of the settlement agreement. The operative direction was to dispose of the petition in terms of the settlement and set aside the arbitral orders.

Facts

Samsung India Electronics Private Limited (Petitioner) and Blueflux Digital Private Limited (Respondent) approached the Delhi High Court seeking disposal of their petition. The parties had amicably settled their disputes under the aegis of the Delhi High Court Mediation & Conciliation Centre. The settlement agreement, dated 18.01.2021, addressed the termination of their Sales and Supply Agreement dated 14.09.2018, the transfer of specified stock, payment of amounts, and handling of GST input tax amounts. The agreement also outlined Samsung's assistance to Blueflux in recovering outstanding dues from its dealers and the refund of a credit balance and return of a bank guarantee. The settlement also stipulated the withdrawal of other legal proceedings initiated by Blueflux.

Key Issues

1. Whether the disputes between the Petitioner and Respondent have been amicably settled, thereby rendering the present petition infructuous. 2. Whether the arbitral proceedings initiated by the Respondent should be set aside in light of the settlement. Petitioner's arguments: The Petitioner, through its counsel, submitted a joint application seeking disposal of the petition, stating that the disputes between the parties have been amicably settled. The terms of the settlement agreement were placed on record and were to be treated as an annexure to the order. Respondent's arguments: The Respondent, through its counsel, also joined in the application for disposal of the petition, acknowledging the amicable settlement of disputes. The Respondent agreed to the terms outlined in the settlement agreement, which included the cessation of legal proceedings and release of claims.

Sections Cited

Section 28, Section 42

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
OMP(T) (COMM) 56/2020 Page 1 of 7 $~20 (original side) * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 56/2020 & I.A.8479/2020, I.A.8646/2020, I.A. 783/2020 SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED ..... Petitioner Through: Mr. Tarang Agarwal, Adv. versus BLUEFLUX DIGITAL PRIVATE LIMITED ..... Respondent Through: Mr. Rahul Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R (O R A L) %

18.01.

2021

1.

By this joint application, the parties seek disposal of the present petition as the disputes between them have been amicably settled under the aegis of the Delhi High Court Mediation & Conciliation Centre. The terms of settlement have been placed on record and shall be treated as an annexure to the present order. They may, for ready reference be reproduced thus: I.A.783/2020 (under Order XXII Rule 3 of CPC)

“1. TERMS OF SETTLEMENT

1.1.

The Parties agree and acknowledge that the Sales and Supply Agreement dated 14.09.2018 executed between the Parties hereto stands fully terminated with effect from 24.09.2020 and all rights and obligations ther

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.