COMPROMISE DEED TO BE FILED BEFORE THE HON’BLE HIGH COURT

SEEKING QUASHING OF FIR & DISPOSAL OF ALL OTHER CIVIL &

CRIMINAL CASES PENDING IN VARIOUS COURTS OF THE COUNTRY IN
TERMS OF THE COMPROMISE DEED

NOTE. 1. TO BE TYPED ON STAMP PAPERS OF SUCH AMOUNT AS ARE

REQUIRED AS PER THE RELEVANT ARTICLE OF THE INDIAN
STAMP ACT 1899 AS APPLICABLE TO THE TERRITORY / STATE OF
EXECUTION.
2. IT IS ADVISABLE TO GET IT NOTARIZED AT THE PLACE OF
EXECUTION

This Compromise Deed is made at ______ on ___________, ______ between

M/s ______, a Company incorporated under the provisions of the Companies
Act, 1956 presently having its Registered Office at ______ ____________,
through its Director, Mr. __________, S/o ___________, resident of
_________________ ______________________ who is authorized vide
Board Resolution dated _____________ and M/s ______ a Company
incorporated under the provisions of the Companies Act, 1956 presently
having its Registered Office at ______ ____________, through its Director,
Mr. __________, S/o ___________, resident of
_________________________ ______________ who is authorized vide
Board Resolution dated _____________ (hereinafter collectively referred to
as the FIRST PARTY), which expression shall unless repugnant to the context
or meaning thereof, be deemed to mean and include its administrators,
successors and assigns.
AND
______, S/o ______, R/o ______ ____________, (hereinafter referred to as
the “SECOND PARTY”), which expression shall unless repugnant to the
context or meaning thereof, be deemed to mean and include its
administrators, successors and assigns.

The expression “First Party” and “Second Party” shall unless repugnant to the
context or meaning thereof, be deemed to mean and include their respective
administrators, successors and assigns.

WHEREAS the First Party has entered into ___ separate Agreements dated
______, ______ and ______ with the Second Party pertaining to __
Commercial Office Spaces aggregating to ______ sq.ft. area in the proposed
project “______” at ______. Against the said Commercial Office Spaces, the
Second Party paid to the First Party a sum of Rs.______/- and the First Party
had received the same on the terms and conditions mentioned in the ___
separate Agreements dated ______, ______ and ______.

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AND WHEREAS certain disputes arose between the parties resulting in filing
of various civil / criminal cases against each other.

AND WHEREAS the Second Party lodged an F.I.R. No.___ of ___ which was
got registered at Police Station, _________, _________ for offences of
cheating under Section __________________ IPC, against the “First Party”
and ___ other accused persons. Though the Investigating Officer filed
Cancellation Report dated _______ in the aforesaid FIR but the Ld Magistrate,
_________ vide his order dated ____ took cognizance of the offences and the
said order has been upheld by the Hon’ble ____ & ____ High Court vide orders
dated ____, ____, ____, & again the said orders of Hon’ble ____ & ____ High
Court have also been upheld by the Hon’ble Supreme Court of India vide
orders dated ____ & ____ & ____,

AND WHEREAS at present various Criminal Cases as per Annexure “A”

arising out of FIR No.___ of ___, are now pending against the First Party and
___ other accused before various Courts including Learned JMIC, _________,
Additional Sessions Judge, _________, Hon’ble ____ and ____ High Court and
Hon’ble Supreme Court of India, for further proceedings.

AND WHEREAS between the First Party and the Second Party, various Civil
Cases as per Annexure “B” are also pending before the Ld. Trial Court
_________, Hon’ble ____ and ____ High Court, Hon’ble ____ High Court and
Hon’ble Supreme Court of India.

AND WHEREAS the First Party & Second Party have now amicably
compromised the matter out of their free will and without any force, threat,
misrepresentation and undue influence and coercion, on the terms and
conditions contained in this Compromise Deed.

AND WHEREAS the parties hereto have agreed to record the terms and
conditions applicable to the said Compromise to avoid any misgiving and
misunderstanding hereinafter;

NOW THIS DEED WITHNESSETH AS UNDER

1. That the parties hereto have mutually settled / resolved / compromised

all their disputes and differences in respect of Commercial Office Spaces in the
proposed Commercial Complex at ______ on the terms and conditions agreed
to between the parties as enumerated below.

2(a) That the First Party has agreed and undertaken to pay to the Second
Party, the Principle Amount of Rs.______/-, alongwith interest calculated
at such rate of interest as is directed by the Hon’ble High Court of
Judicature at ____ in the pending 6 Suits for Specific Performance read

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 with pending __ Notice of Motions for passing of decree on admission,
filed by the Second Party against the First Party and others as mentioned
at Sl. No.1 to 7 of Annexure “B”. The interest at such rate of interest as
is directed by Hon’ble High Court of Judicature at ____ shall be calculated
and paid on the Principal Amount from the date of receipt of the Principal
Amount by the First Party from the Second Party till the date of refund of
the Principal Amount by the First Party to the Second Party. The said
Principal Amount alongwith interest calculated upto the date of issue of
cheques shall be paid by the First Party to the Second Party by issue of
___ monthly cheques of equal amount of ____ of the Principal Amount
and the interest calculated thereupon from the date of receipt of the
Principal Amount till the date of issue of the cheque AND these ___
cheques shall be handed over by the First Party to the Second Party
before the Hon’ble High Court of Judicature at ____,, within __ days of
the passing of the appropriate Order(s) by Hon’ble High Court of
Judicature at ____ in pending __ Suits for Specific Performance read with
pending 6 Notice of Motions for passing of decree on admission, filed by
the Second Party against the First Party and others as mentioned at Sl.
No.1 to 7 of Annexure “B”. The Principal Amount and the interest so paid
by the First Party to the Second Party shall be in full and final settlement
of all claims of the Second Party against the First Party under the ___
Agreements dated ______, ______ and ______.

(b) That it is agreed and undertaken by the First Party that all the ___
cheques issued by the First Party in favour of the Second Party, shall be
encashed on their presentation and till all the __ cheques are encashed /
honoured, the Second Party shall have a charge on the land known as
“All that piece or portion of land on ground admeasuring _____ sq.
meters equivalent to __ sq. yards or thereabouts, together with
structures standing thereon bearing City Survey No. ____ situated at
___________________” belonging to M/s ______ (hereinafter referred
to as the “said Land”), and the First Party have also further undertaken
and agreed that till all the __ cheques issued by the First Party in favour
of the Second Party, the First Party and /or its Directors/Agents/
Employees shall neither sell / alienate the “said Land” nor change the
composition of Directors of M/s ______ and M/s ______ nor transfer
/sell the shareholdings of M/s ______ and M/s ______.

(c) That it is further agreed that in case any of the __ cheques issued by the
First Party in favour of the Second Party, the First Party are not encashed
on their presentation, the First Party has agreed with the Second Party,
that the “said Land” shall be put to auction for the recovery of the
amount mentioned in the cheques alongwith future interest as is directed
by the Hon’ble High Court of Judicature at ____ in the pending __ Suits

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 for Specific Performance read with pending __ Notice of Motions for
passing of decree on admission.

(d) That after the encashment of all the cheques given by the Second Party
to the First Party, the Second Party shall assist the First Party and the
State of ____ to file this Compromise Deed before the Court of Ld.
____________, Ld. Additional Session Judge, _________, Hon’ble ____
and ____ High Court and before Hon’ble Supreme Court of India for
withdrawal / dismissal of the pending Criminal Cases against the First
Party and others arising out of the FIR No. ___ of ___ as per details
given in Annexure “A”.

(e) That the First Party & Second Party have further agreed that the First
Party & Second Party shall also jointly file this Compromise Deed in the
following cases filed by the Second Party against the First Party & others
by filing appropriate Applications before the Hon’ble ______ High Court
for withdrawal / passing of appropriate order(s) for disposal of the said
cases.

(i) Suit No. ___ of ______, titled “______ Versus ______ and Others.
(ii) Suit No. ______ of ______, titled “______ Versus ______ and
Others.
(iii) Suit No. ______ of ______, titled “______ Versus ______ and
Others.
(iv) Suit No. ______ of ______, titled “______ Versus ______ and
Others.
(v) Suit No. ______ of ______, titled “______ Versus ______ and
Others.
(vi) Suit No. ______ of ______, titled “______ Versus ______ and
Others.
filed by the Second Party before Hon’ble ____ High Court.

(e) That the First Party & Second Party have further agreed that the First
Party & Second Party shall also jointly file this Compromise Deed in the
following cases filed by the Second Party against the relevant Parties by
filing appropriate Applications before the Ld. City Civil Court ______i for
withdrawal / passing of appropriate order(s) for disposal of the said
cases.
(i) Suit No.______ of ______ titled “______ Versus ______ and
Others.
(ii) Suit No.______ of ______ titled “______ Versus ______ and
Others.
(iii) Suit No.______ of ______ titled “______ Versus ______ and
Others.

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 (iv) Suit No.______ of ______ titled “______ Versus ______ and
Others.
(v) Suit No.______ of ______ titled “______ Versus ______ and
Others.
filed by the Respondent No.2/Complainant before Ld. City Civil Court,
______.

(4) That the parties reiterate that they shall continue to abide by the terms
of the Settlement /Compromise as recorded hereinabove which are being
acted upon.

(5) That the parties agree that they shall act in such manner and execute
any such document that may be required by any of the other parties in
furtherance of the terms of the aforementioned Settlement /Compromise
or which may be necessary to fully implement and effectuate the same,
whether now or in the future at any time. The parties have agreed that
they shall fully cooperate in this regard and shall not act in any manner
which hinders or delays the implementation of the aforementioned
Settlement /Compromise.

(6) That the parties agree and clarify that the aforementioned Settlement
/Compromise has been arrived at bona fide and in good faith to achieve
the purposes stated hereinabove. It is agreed and clarified that there is
no fraud, coercion or undue influence imposed on any party hereto to
enter into the said Settlement /Compromise, and that the parties have
agreed to the said Settlement /Compromise out of their own free will
and volition. It is made clear that none of the parties hereto and none of
their heirs or representatives shall challenge the Settlement
/Compromise on any basis whatsoever and the parties hereto shall
ensure that such challenge, if any, is repelled and resisted in all / any
forum. The parties agree and confirm that the aforesaid Settlement
/Compromise is valid, legal binding and enforceable in all its terms.

(7) That the Parties further undertake not to institute any Civil and /or
Criminal litigation inter-se of any kind in any forum hereinafter, against
each other in view of the present settlement.

(8) That the parties shall also not engage themselves in any further direct/
indirect or proxy litigations, whether civil or criminal against each other
(including civil suits and criminal complaints for defamation), past,
present or future with regard to the present controversy, and/or
controversies/issues already raised in various existing court proceeding
and/or in relation to any controversies not so far raised that related to
any activity or past conduct of the Parties.

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(9) That in view of settlement of all disputes, the parties unconditionally
withdraw all allegations leveled against each other and undertake not to
make any fresh or new allegations in future against each other.

(10) That it is made clear that the Parties have entered into this settlement
keeping in view their larger interest and are fully bound by the terms of
the settlement and have signed the same through Directors/Authorized
Signatory/Power Attorney Holders in true spirit of a voluntary resolution
of the dispute and that this Compromise Deed is binding on all the
parties. Both the parties indemnify each other against any loss and/or
injury financial and/or otherwise.

(11) That the Parties to this Deed have agreed and undertaken not to pursue
any complaint/case before any authority/court which might have been
filed by either party that might have not been covered/mentioned above
in this Compromise Deed and the same also shall stand settled and
withdrawn.

(12) That the Parties undertake to forthwith remove , delete any material
posted by them on various sites on the internet as against each other
with regard to their disputes pertaining to commercial space in the
aforesaid commercial complex, settlement & refund of all claims arising
out therefrom.

(13) That with the encashment of all the current & posted dated cheques
mentioned hereinabove under this Compromise Deed, all the ___
Agreements dated ______, ______ and ______ which have been signed
and executed between the First Party and the Second Party in respect of
Commercial Office Spaces, in the proposed Commercial Complex at
______ shall automatically stand determined and thereafter the parties
would be relieved of their respective contractual obligations arising out
under the said agreements.

(14) That the Parties unconditionally undertake to abide by the terms and
conditions of this Compromise Deed.

(15) That it is agreed and clearly understood by the parties that any
statement/representation/assurance given/made by the parties in this
Compromise Deed does not amount to acknowledgement of liability or
admission of any fact / allegation which is contrary to the stand/position
already taken in pending litigation in respect of the Commercial Spaces in
the proposed Commercial Complex to be named as “______” at ______
in any of the pending litigations between the parties and in case this
Compromise Deed is not fully implemented for any reason whatsoever

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 then in such event this Compromise Deed shall come to an end and the
parties shall revert back to their original position.

(16) That each party will be entitled to claim refund of Court Fees of their
respective proceedings.

(17) That no Party shall claim from the other party/parties any
costs/expenses/legal charges/Advocate’s Fees etc. or reimbursement for
any amounts already spend / incurred / shared for or in any of the
existing proceedings.

(18) That in case of breach of the terms of this Compromise Deed by either
party, the other party would without prejudice to its rights under this
Deed, be entitled for specific performance as well as damages under law.

IN WITNESS WHEREOF these presents have been executed by the parties

hereto on the day, month and year first above written in the presence of
witnesses.

Witnesses : For & on behalf of For & on behalf of

______ ______

( ) ( )
Director Director
F I R S T P A R T Y

For & on behalf of

(______)
SECOND PARTY

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 ANNEXURE “A”
DETAILS OF CRIMINAL CASES

Sl. Case TITLE Court Relating to Next

No. No. Name Date of
Hearing

ANNEXURE “B”
DETAILS OF CIVIL CASES

N Case No. TITLE Court Relating Next

o. Name to Date of
Hearing
13
.
14
.
15
.

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