Chattisgarh High Court
Krishna Kumar Agrawal vs Shivam Real Infra Developers Pvt. ... on 9 November, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
FIRST APPEAL NO. 403 OF 2018
• Krishna Kumar Agrawal, S/o Shri Pawan Kumar Agrawal, aged 36
years, R/o Naya Sarkanda, Bilaspur, Tahsil and District Bilaspur (C.G.)
... Appellant
versus
1. Shivam Real Infra Developers Pvt. Ltd., through Director Sandeep
Pandey, S/o Late Vinod Kumar Pandey, R/o L-4, Vinoba Nagar, Bilaspur,
Tahsil and District Bilaspur (C.G.)
2. The State of Chhattisgarh, through Collector, Bilaspur, District
Bilaspur (C.G.)
... Respondents
____________________________________________________________
For Appellant : Mr. Shishir Dixit, Advocate.
For Respondent No.1 : Mr. K.P.S. Gandhi, Advocate.
For Respondent No.2 : Mr. Rajendra Tripathi, P.L.
____________________________________________________________________________________________________________________________________________________________
Hon'ble Shri Justice P. Sam Koshy
Hon'ble Smt. Justice Rajani Dubey
Order on Board
[09/11/2021]
Per, P. Sam Koshy, J.
1. Matter is taken up for hearing on I.A. No.3 which is an Application
filed by the disputing parties i.e. the Appellant-Defendant and Respondent
No.1-Plaintiff, in terms of Order XXIII Rule 3 of the Code of Civil Procedure.
2. Shri Krishna Kumar Agrawal, the Appellant himself is present in
person along with his Counsel Shri Shishir Dixit, Advocate.
3. On behalf of Respondent No.1-Company, the two Partners Smt.
Kunti Pandey and Shri Sandeep Pandey are also present along with their
Counsel Shri K.P.S. Gandhi, Advocate.
4. The present First Appeal is a Defendant's appeal assailing the
Judgment and Decree dated 5.4.2018 passed by the 6 th Additional
Sessions Judge, Bilaspur in Civil Suit No. (A)/413A/2014.
5. Vide the said Judgment and Decree, the suit for specific performance
of contract entered into between the parties was ordered to be enforced.
6. The present Appeal was admitted as early as on 13.8.2018 and
notices were issued to the other side. Pending the Appeal before this Court,
the present Application under Order XXIII Rule 3 of the Code of Civil
Procedure has been filed on behalf of the disputing parties i.e. the
Appellant and the Respondent No.1.
7. Both learned Counsel for Appellant and learned Counsel for
Respondent No.1 submit that pending the Appeal before this Court the
parties have entered into an out of court settlement and the terms and
conditions of the settlement has been reflected in the Deed of Settlement
dated 2.4.2021 enclosed along with the aforesaid Application (I.A. No.3).
8. In terms of the settlement, the Appellant has agreed to pay an
amount of Rs.40 Lakh to Respondent No.1 and which he has already paid
by way of two Demand Drafts, one for Rs.30 Lakh through Demand Draft
No.500103, dated 10.3.2021 and another for Rs.10 Lakh through Demand
Draft No.500106, dated 19.3.2021. On receipt of the said amount, the
Respondent-Plaintiff has filed an Affidavit in this regard and has also given
an undertaking that they shall henceforth not make any claim for
enforcement of the Agreement that was entered into with the Appellant-
Defendant on 29.6.2010.
9. Both the parties i.e. the Appellant as also the two of the Directors of
Respondent No.1-Company, present in the Court, submit that in the light of
the settlement arrived at between the parties and the consideration that the
Appellant has paid to Respondent No.1, they do not want to pursue the
present First Appeal any further.
10. Let the Appellant as also the two of the Directors of Respondent
No.1-Company appear before the Registrar (Judicial) during the course of
the day itself and record their respective statement in respect of the
settlement arrived at which may form part of the record of the Appeal.
11. Accordingly, in terms of the Deed of Settlement dated 2.4.2021, the
impugned Judgment and Decree dated 5.4.2018 passed in Civil Suit No.
(A)/413A/2014 stands set aside/quashed.
12. Let a fresh Decree be drawn by the Registry in terms of the
Settlement arrived at between the parties. The Deed of Settlement entered
into between the parties on 2.4.2021 be also made a part of the Decree.
13. First Appeal accordingly stands disposed of.
Sd/- Sd/-
(P. Sam Koshy) (Rajani Dubey)
JUDGE JUDGE
