Bijender Chauhan @ Bijender Kumar vs Financial Eyes(India) Ltd
2015 Latest Caselaw 723 Del

$~29.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     EX.P. 326/2014

      BIJENDER CHAUHAN @ BIJENDER KUMAR..... Decree Holder
                    Through: Mr. Avinash Trivedi, Advocate with
                    Ms. Ritika Trivedi, Advocate

                          versus


      FINANCIAL EYES(INDIA) LTD             ..... Judgement Debtor
                     Through: Mr. Dhiraj Sachdeva, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 27.01.2015

1. The present execution petition has been filed by the Decree

Holder, seeking execution of a money decree dated 23.07.2013,

passed against the Judgment Debtor in a summary suit that was

instituted by him against the Judgment Debtor for recovery of a sum

of `30,97,959/-. On 23.07.2013, a decree for a sum of `30,97,959/-

was passed in favour of the plaintiff and against the defendant,

alongwith pendentelite interest @ 10% per annum from the date of

institution of the suit, till recovery.

2. Counsels for the parties jointly state that aggrieved by the order

dated 23.07.2013 passed in CS(OS) 2576/2011, whereunder the leave

to defend application of the defendant/company was rejected, the

defendant had preferred an intra court appeal, registered as RFA(OS)

149/2013. The aforesaid appeal was allowed by the Division Bench

vide judgment dated 11.11.2014 and the suit was remanded back for

fresh consideration. Counsels for the parties state that in the

meantime, the parties have arrived at an out of court settlement,

whereunder the Judgment Debtor has agreed to pay a sum of

`31,25,000/- to the Decree Holder in full and final settlement of all his

claims against the defendant, subject matter of the suit.

3. Learned counsel for the defendant hands over a post dated

cheque No.752253 dated 31.01.2015 drawn on Punjab National Bank,

Shalimar Bagh, Delhi, for a sum of `31,25,000/- drawn in favour of

the Decree Holder to the counsel for the Decree Holder and states that

as per the understanding between the parties, the said cheque shall be

presented for encashment only after 10.02.2015.

4. The aforesaid submission is confirmed by the counsel for the

Decree Holder, who joins the counsel for the Judgment Debtor in

stating that the present execution petition may be disposed of in view

of the settlement arrived at between the parties. They further state

that the file of CS(OS) 2576/2011 be summoned so that the suit can

also be disposed of in terms of the settlement arrived at between the

parties.

5. The present petition is disposed of.

6. The Registry is directed to list CS(OS) 2576/2011 on 12 th

February, 2015. File of the present petition shall be tagged alongwith

the suit file.

HIMA KOHLI, J JANUARY 27, 2015 rkb