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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2883/2014 & IAs No.14421/2015, 24685/2015
ANK ELECTROVISIONS PVT LTD ..... Plaintiff
Through : Mr. Amit Tewari, Advocate
versus
M/S S.T ENTERPRISES & ORS ..... Defendants
Through : Defendant No.3 in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 08.09.2016
1. On the last date of hearing, at the joint request of counsels for the parties, the case was adjourned for today to enable the defendants to pay the entire agreed amount in terms of the Settlement Agreement 16.10.2015.
2. The defendant No.3, who is present today, hands over two post dated cheques for Rs.35.00 lacs each to the counsel for the plaintiff, as detailed below :
(a) Cheque bearing No.290941 dated 01.10.2016 drawn on Axis Bank Ltd., Naraina Vihar, New Delhi for the sum of Rs.35.00 lacs in favour of the plaintiff.
(b) Cheque bearing No.290942 dated 02.11.2016 drawn on Axis Bank Ltd., Naraina Vihar, New Delhi for the sum of Rs.35.00 lacs in favour of the plaintiff.
3. Counsel for the plaintiff states that the entire amount of Rs.80.00 lacs was agreed to be paid by the defendants to the plaintiff on or before 14.8.2016, but since the defendants did not adhere to the time schedule fixed CS(OS) 2883/2014 Page 1 of 2 in para 5 of the Settlement Agreement dated, interest amount of Rs.5.00 lacs has been added to the cheque amounts. He clarifies that out of the total sum of Rs.80.00 lacs, a sum of Rs.15.00 lacs has already been received by the plaintiff.
4. The defendant No.3 undertakes that the cheques in question, that have been issued from his personal account, when presented by the plaintiff on the dates due, shall be duly honoured. The defendant No.3 has handed over the proof of his identity, which is taken on record.
5. While binding the defendant No.3 to the aforesaid undertaking, the Settlement Agreement dated 16.10.2015, is taken on record. In the event the aforesaid post dated cheques are dishonoured, the plaintiff shall be at liberty to approach the Court for appropriate orders.
6. The suit is disposed of, along with the pending applications.
HIMA KOHLI, J SEPTEMBER 08, 2016 sk/ap CS(OS) 2883/2014 Page 2 of 2