M/S Nilgiri Hill Farms Pvt Ltd vs Mahavir
2015 Latest Caselaw 3958 Del

$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3919/2014 & IA No.2826/2015
       M/S NILGIRI HILL FARMS PVT LTD                     ..... Plaintiff
                       Through : Mr. Ajay Dahiya with
                       Mr. Roop Singh Jadon, AR of the plaintiff
                       in person.

                           versus

       MAHAVIR                                           ..... Defendant
                           Through : Ms. Rashmi B. Singh, Advocate with
                           defendant in person.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 18.05.2015

1. The suit has been placed before the Court by the Joint Registrar,

who has recorded in the order dated 7.5.2015 that as per the counsels

for the parties, the parties have arrived at an out of Court settlement.

2. Counsels for the parties reiterate the said submission and state

that as against the plaintiff's claim for a sum of `23,71,600/-, the

defendant has agreed to pay a sum of `20.00 lacs in full and final

settlement, which offer has been accepted by the plaintiff. They state

that vide interim order dated 23.12.2014, passed in IA

No.25651/2014, the defendant's bank account bearing

No.50100019573995, HDFC Bank, Kapashera Branch, New Delhi had

been attached to the extent of `23.00 lacs. In view of the fact that the

parties have arrived at an out of court settlement and the plaintiff has

agreed to receive a sum of `20.00 lacs in full and final settlement of all

its claim in the present suit, counsels request that the aforesaid

account may be de-sealed so that a sum of `20.00 lcas can be

released in favour of the plaintiff through RTGS, on the details of the

plaintiff's bank account number being furnished by Shri Roop Singh

Jadon, authorized representative of the plaintiff. They state that the

authorized representative of the plaintiff and the defendant shall

jointly approach the Manager of the aforesaid Bank for the said

purpose.

4. The defendant appears in person with his counsel and confirms

the fact that he has arrived at a settlement with the plaintiff,

whereunder he has agreed to pay a sum of `20.00 lacs to the plaintiff

in full and final settlement of its claims. The authorized representative

of the plaintiff confirms having entered into a settlement with the

defendant as noted above.

5. Accordingly, liberty is granted to both the parties to jointly

approach the Manager of HDFC Bank, Kapashera Branch, New Delhi

who shall de-seal the defendant's bank account bearing

No.50100019573995. The authorized representative of the plaintiff

shall furnish the particulars of the plaintiff's bank account for a sum of

`20.00 lacs to be remitted from the defendant's account into the

plaintiff's account, through RTGS forthwith. Thereafter, the defendant

shall be entitled to operate the said account.

6. In acknowledge of the settlement arrived at between them and

recorded hereinabove, the parties shall affix their signatures on the

margin of the order sheet.

7. The suit is disposed of, along with the pending application.

Dasti, under the signatures of the Court Master for perusal and

compliance by the Bank.

HIMA KOHLI, J MAY 18, 2015 sk/ap