Delhi High Court
Kuldeep Singh & Ors. vs Bhagwan & Ors. on 14 August, 2013
Author: Rajiv Sahai Endlaw
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th August, 2013.
+ RFA 581/2002
KULDEEP SINGH & ORS. ..... Appellants
Through: Mr. B.P. Gupta, Adv.
Versus
BHAGWAN & ORS. ..... Respondents
Through: Mr. Sunil Chauhan, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.
1. The appeal impugns the judgment and decree dated 31.05.2002 in
Suit No.113/2002 (Old No.325/1989 of the High Court of Delhi) filed by
the respondents against the appellants for recovery of Rs.4,09,200/-. The
learned Additional District Judge has vide the impugned judgment decreed
the suit in favour of the respondents and against the appellants for recovery
of Rs.3,00,000/- with interest @6% per annum from 17 th December, 1988
till the institution of the suit, pendente lite and future till realization and with
costs.
2. Notice of the appeal was issued and vide order dated 23 rd September,
2002, subject to the appellants depositing the sum of Rs.3,00,000/- in this
Court, the operation of the judgment and decree was stayed. The statement
of the counsel for the appellants that the said amount of Rs.3,00,000/- had
been deposited in this Court is recorded in the order dated 29.10.2002. On
12th December, 2002 the appeal was admitted for hearing and the Trial
Court record requisitioned and the earlier ad-interim order confirmed and
the amount deposited ordered to be kept in a fixed deposit receipt; it
was further directed that the succeeding party shall be entitled to the interest
thereon. The appeal was vide order dated 17.11.2011 dismissed in default
of appearance of the parties and the amount deposited along with accrued
interest was ordered to be released to the respondents. The appeal was
subsequently restored on the application of the appellants.
3. The counsel for the appellants was heard on 12.08.2013. The counsel
for the respondents on that date stated that the counsel for the appellants had
earlier given a proposal for settlement, which was now agreeable to the
respondents. The matter was adjourned to today to enable the counsel for
the appellants to obtain instructions whether the offer earlier made to the
respondents was still valid or not. The parties were also directed to appear
in person today.
4. The counsels state that one of the appellants and some of the
respondents are present in person.
5. The counsel for the appellants states that the amount of Rs.3,00,000/-
as aforesaid directed was deposited not in this Court but in the Court of Sh.
Sanatan Prasad, Civil Judge, Delhi in execution filed in the suit from which
this appeal arises on 5 th October, 2012 vide Challan copy of which has been
handed over to the counsel for the respondents.
6. It has now been agreed between the parties as under:-
(i). That the amount of Rs.3 lacs deposited by the appellants vide
challan copy of which has been given to the counsel for the
respondents in the State Bank of India (SBI), Tis Hazari, Delhi
be immediately released to the respondents. The counsel for the
respondents on instructions from the respondents states that for
convenience, the check/pay order in refund of this amount be
issued in the name of the respondent no.1 only.
(ii). It is not very clear whether any interest has accrued on the
amount of Rs.3 lacs so deposited by the appellants. It has as
such been agreed that if no interest has accrued on the said
amount, the appellants/judgment debtors shall not be liable for
any interest amount under the decree and the decree shall stand
satisfied on the release of the said amount of Rs.3 lacs to the
respondents.
(iii). However if any interest has accrued on the said amount of Rs.3
lacs, as is expected in view of the order of this Court, the same
to the extent of 6% shall be released to the respondents (again
by inclusion in the pay order/cheque aforesaid in the name of
the respondent no.1 only) and the amount in excess of interest
at the rate of 6% shall be refunded to the appellants by issuance
of pay order/ cheque for the said amount in the name of
appellant no.1 Kuldeep Singh only.
7. The aforesaid agreement/settlement between the parties is found to be
lawful and is allowed and the appeal is decided in terms thereof and the
judgment/decree of the Trial Court impugned in this appeal is modified to
that extent.
8. The parties are left to bear their own costs.
9. Decree sheet be drawn up.
10. The Trial Court/State Bank of India, Tis Hazari, Delhi is directed to
release the amount of Rs.3 lacs with interest accrued thereon in terms of
aforesaid.
RAJIV SAHAI ENDLAW, J.
AUGUST 14, 2013/'gsr'/pp
