Naveen Jain vs Bhajan Singh & Ors
2009 Latest Caselaw 4347 Del

9
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.471/2007

%                                  Date of decision: 27th October, 2009


      NAVEEN JAIN                                    ..... Appellant
                           Through : Mr. Jayant Bhushan, Sr. Adv.
                                     with Mr. Manish Bishnoi, Adv.
                                     along with appellant.

                      versus

      BHAJAN SINGH & ORS                  ..... Respondents
                    Through : Mr. Narendra Singh, Adv.
                              along with respondents.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                               JUDGMENT (Oral)

CM No.12644-45/2009

1. For the reasons stated in the applications, the delay in

applying for restoration is condoned and the appeal is restored to

its original number.

2. Both CMs stand disposed of.

MAC.APP. 471/2007

1. The parties have amicable settled their disputes. The terms

of the settlement are that the appellant shall pay a sum of

Rs.2,37,000/- to respondents No.1 and 2 in full and final

settlement of all their claims.

2. The learned Senior Counsel for the appellant submits that

the appellant has deposited a sum of Rs.1,97,000/- with the

Registrar General of this Court in terms of the order dated 11 th

December, 2007. The learned Senior Counsel further submits

that the appellant has also deposited the statutory amount of

Rs.50,000/- at the time of filing of the appeal. As such, the

payable amount of Rs.2,47,000/- is lying deposited with the

Registrar General of this Court out of which Rs.2,37,000/- be

released to respondents No.1 and 2 and the remaining amount of

Rs.10,000/- be refunded back to the appellants within two weeks.

3. Respondents No.1 and 2 are present in the Court and they

have been examined with respect to their financial status and

financial needs. Respondent No.1 agrees that 50% of the said

amount be kept in fixed deposit for a period of one year and 50%

be released immediately.

4. The appeals are disposed of in terms of the said settlement.

The Registry is directed to refund a sum of Rs.10,000/- to the

appellant. With respect to the remaining amount of

Rs.2,37,000/-, 50% of the same be released to respondents No.1

and 2 by means of two separate cheques, one in the name of

respondent No.1 towards 25% of the settled amount and the

second cheque in the name of respondent No.2 towards 25% of

the settled amount.

5. The remaining 50% of the settled amount, i.e., Rs.1,18,500/-

be kept in fixed deposit in the joint names of respondents No.1

and 2 for a period of one year and the original fixed deposit

receipt be also released to respondents No.1 and 2 with

instructions to the bank that no loan or withdrawal be permitted

on the said amount without the permission of this Court.

6. The learned Senior Counsel for the appellant submits that

the appellant had been acquitted in the criminal case filed

against him and respondents No.1 and 2 have agreed not to

challenge the said acquittal order and in the event of state

challenging to the said order, respondents No.1 and 2 shall

provide their no objection to the settlement of the said case.

Respondents No.1 and 2 shall also withdraw the execution filed

by them against the appellant. Respondents No.1 and 2 accept

the said condition as a part of the settlement of this appeal

7. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

OCTOBER 27, 2009 aj