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Judgment
The petitioner-herein was the defendant in the suit filed by the respondents herein seeking recovery of sum of Rs.28,29,661/- plus interest. The parties had tendered their evidence and urged contentions before the Trial Court and the Trial Court having considered the same had decreed the suit through its judgment dated 26.07.2018 for a sum of Rs.28,29,661/-with interest at 12% from 14.02.2011. The defendant claiming to be aggrieved by the same was before the High Court of Delhi in an appeal filed under Section 96 of the Civil Procedure Code in R.F.A. No. 786 of 2018. The High Court having re-appreciated the matter has upheld the judgment and decree passed by the Trial Court. It is in that circumstance, the defendant claiming to be aggrieved by the concurrent judgments is before this Court in this petition.
During the pendency of this petition, the parties have mutually settled the matter among themselves and the terms settled between the parties is brought before this Court through a memo signed by both the parties. In terms thereof, the parties have agreed that the defendant would pay a total sum of Rs.34,50,000/- (Rupees Thirty Four Lakh Fifty Thousand Only) to the plaintiff in full and final settlement. The said amount is agreed to be paid by installment and the post-dated cheques have been issued in that regard. The installments and details of cheques issued are as follows:
(i) Rs 20,00,000/- (Rupees Twenty Lakh Only) vide D.D within 10 (ten) days from the date of receipt of D.D from the Trial Court record by revalidating the same.
(ii) Rs 4,00,000/- (Rupees Four Lakh Only) vide cheque no. 164052 dated 20.12.2019.
(iii) Rs 5,00,000/- (Rupees Five Lakh Only) vide cheque no. 16450 dated 20.01.2020.
(iv) Rs 5,00,000/- (Rupees Five Lakh Only) vide cheque no. 164051 dated 20.02.2020.
(v) Rs 50,000/- (Rupees Fifty Thousand Only) on or before 29.11.2019.
Since the amount is to be paid as per terms agreed therein, the judgment and decree passed by the Trial Court is ordered to be modified in terms of the compromise between the parties and the Registry shall draw a modified decree in terms thereof.
It is submitted that the sum of Rs.20,00,000/-(Rupees twenty lakhs) being the first installment has been deposited before the Trial Court in compliance of the order passed by this Court. The said amount is said to be deposited by drawing Demand Draft in favour of the plaintiff. In terms of the settlement entered into between the parties, the said amount is now receivable by the plaintiff. Hence the defendant shall receive back the Demand Draft, revalidate the same and present it to the plaintiff in terms of the Settlement.
The terms of Settlement shall form the part of this order.
The special leave petition is, accordingly, disposed of.